Rudolph J Di Massa Jr

November 16, 2012 | The Legal Intelligencer

In a corporate system based in part on the separation of ownership and control, the relationship between principals and agents is riddled with agency problems: Among them are potential conflicts of interest where agents may abuse their fiduciary position for their own benefit as opposed to the benefit of the principals to whom they are obligated.

By Rudolph J. Di Massa Jr. 
and Aaron J. Margolis

11 minute read

July 20, 2012 | The Legal Intelligencer

On March 14, in Giuliano v. Almond Investment of Delaware addressed certain issues arising from a "last-minute" filing by the debtors to include a supply contract among contracts to be assumed and assigned by the debtors.

By Rudolph J. Di Massa Jr. and Catherine E. Beideman

9 minute read

June 19, 2009 | The Legal Intelligencer

On June 9, in Indiana State Police Pension Trust v. Chrysler LLC, the U.S. Supreme Court cleared the way for Chrysler LLC and its affiliates to sell substantially all of their assets to Italian carmaker Fiat SpA, lifting a temporary block on the sale transaction and paving the way for the troubled car company to emerge from bankruptcy.

By Rudolph J. Di Massa Jr. And Sommer L. Ross

12 minute read

August 01, 2008 | The Legal Intelligencer

In Florida Dept. of Revenue v. Piccadilly Cafeterias, the U.S. Supreme Court, on certiorari from the 11th U.S. Circuit Court of Appeals, resolved a split of authority among the circuits, holding that the tax exemption provided for under Section 1146(a) of Title 11 of the Bankruptcy Code applies only to post-confirmation asset transfers made pursuant to a confirmed plan of reorganization and does not apply to pre-confirmation transfers pursuant to Section 363 of the Bankruptcy Code.

By Rudolph J. Di Massa Jr. and Matthew E. Hoffman

10 minute read

June 21, 2013 | The Legal Intelligencer

Pursuant to Section 541(a) of Title 11 of the U.S. Code (the Bankruptcy Code), the filing of a bankruptcy petition creates an estate composed of "all legal or equitable interests of the debtor in property as of the commencement of the case."

By Rudolph J. Di Massa Jr. nd Jarret P. Hitchings

7 minute read

May 22, 2012 | The Legal Intelligencer

In a docket crowded with blockbuster cases this term, the Supreme Court's decision concerning the circuit split over cramdown plans precluding credit bidding by secured lenders may not stoke as much passion or fury as the cases concerning the Patient Protection and Affordable Care Act or Arizona's immigration law, but RadLAX Gateway Hotel v. Amalgamated Bank is arguably one of the more important business bankruptcy cases in over a decade.

By Rudolph J. Di Massa Jr. and Aaron J. Margolis

12 minute read

November 06, 2009 | The Legal Intelligencer

During its current term, the U.S. Supreme Court will hear argument in two critical bankruptcy cases.

By Rudolph J. Di Massa Jr. And Laura D. Bonner

11 minute read

December 19, 2008 | The Legal Intelligencer

In In re Toledo, the U.S. Bankruptcy Court for the Southern District of Florida filed a motion for summary judgment seeking a determination that certain federal tax liens remained valid, secured claims, regardless of whether notices thereof lapsed.

By Rudolph J. Di Massa Jr. and Matthew E. Hoffman

8 minute read

January 07, 2011 | The Legal Intelligencer

On Nov. 18, in In re Adelphia Communications Corp., the U.S. Bankruptcy Court for the Southern District of New York addressed the question of whether ad hoc committees and individual creditors of a debtor are entitled to reimbursement of their legal fees and other professional expenses where the debtor's confirmed and effective Chapter 11 plan of reorganization authorized payment of creditors' "reasonable" fees and expenses.

By Rudolph J. Di Massa Jr. and Catherine E. Beideman

8 minute read

November 07, 2008 | The Legal Intelligencer

On Sept. 9, in In re Schaefer Salt Recovery Inc ., the 3rd U.S. Circuit Court of Appeals published a precedential opinion on two issues of first impression.

By Rudolph J. Di Massa Jr. And Sommer L. Ross

8 minute read