Keri L Wintle

February 13, 2020 | The Legal Intelligencer

Last month, U.S. Bankruptcy Court Chief Judge Cecelia Morris for the Southern District of New York entered a decision granting summary judgment to pro se debtor, Kevin Jared Rosenberg, finding that Rosenberg had satisfied the "undue hardship" standard set forth in Section 523(a)(8) of the Bankruptcy Code, and ordering the discharge of Rosenberg's student loan debt of more than $220,000.

By Rudolph J. Di Massa, Jr. and Keri L. Wintle

8 minute read

October 03, 2019 | The Legal Intelligencer

In In re Snyder, the U.S. Court of Appeals for the Second Circuit addressed an issue of first impression and joined the Third, Ninth, Tenth and Eleventh circuit courts in recognizing an exception to the rule that a default judgment has no preclusive effect in nondischargeability proceedings.

By Rudolph J. Di Massa Jr. and Keri L. Wintle

8 minute read

April 01, 2019 | The Legal Intelligencer

In a decision recently issued by the U.S. Bankruptcy Court for the Northern District of Illinois, In re Argon Credit, No.16-bk-39654 (Bankr. N.D. Ill. Jan. 10, 2019), the court held that standby limitation provisions in subordination agreements prevented the subordinated lenders from pursuing discovery on the senior lender's claim.

By Rudolph J. Di Massa Jr. and Keri L. Wintle

8 minute read

December 27, 2018 | The Legal Intelligencer

In a matter of first impression within the U.S. Court of Appeals for the Second Circuit, the U.S. Bankruptcy Court for the Eastern District of New York recently rejected a preference defendant's request to apply a “hindsight analysis” in order to determine that a hypothetical preference waiver would have been granted in its favor.

By Rudolph J. Di Massa, Jr. and Keri L. Wintle

6 minute read

August 16, 2018 | The Legal Intelligencer

Section 365(a) of the Bankruptcy Code permits a debtor or trustee, subject to bankruptcy court approval, to reject an executory contract and release the debtor's estate from burdensome contractual obligations that may impede the debtor's successful reorganization.

By Rudolph J. Di Massa Jr. and Keri L. Wintle

7 minute read