Rudolph J Di Massa Jr

October 05, 2007 | The Legal Intelligencer

The proper operation of the bankruptcy system depends upon the honesty of debtors. Complete financial disclosure by debtors is required, and those who seek the shelter of the Bankruptcy Code must not play fast and loose with their assets or with the reality of their affairs.

By Rudolph J. Di Massa Jr. and Michael D. Sousa

10 minute read

September 19, 2008 | The Legal Intelligencer

In the case of In re Stewart, the U.S. Bankruptcy Court for the Eastern District of Louisiana held that the conduct of the debtor's mortgagee, Wells Fargo Home Mortgage Inc., was "duplicitous and misleading," and assessed damages of $27,350 against Wells Fargo.

By Rudolph J. Di Massa Jr. and Adrian C. Maholchic

11 minute read

February 06, 2009 | The Legal Intelligencer

On Jan. 12, the Supreme Court denied a petition for writ of certiorari to resolve the split among circuit courts over the interpretation of "defalcation" for dischargeability purposes.

By Rudolph J. Di Massa Jr. And Adrian C. Maholchic

8 minute read

February 17, 2012 | The Legal Intelligencer

In Industrial Enterprises of America Inc. v. Burtis (In re Pitt Penn Holding Co. Inc.), the U.S. Bankruptcy Court for the District of Delaware was faced with an issue of apparent first impression in the 3rd Circuit: whether the two year look-back period set forth in § 548 of the Bankruptcy Code is subject to equitable tolling. The court held that it was not.

By Rudolph J. Di Massa Jr. and Blake D. Roth

8 minute read

August 06, 2010 | The Legal Intelligencer

On April 12, in Bailey v. Davant (In re Bailey), the U.S. Bankruptcy Court for the Northern District of West Virginia addressed the question of whether a creditor and her counsel could both be held liable for violating the automatic stay by failing to take affirmative steps to withdraw a pre-petition garnishment of the debtor's wages.

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

8 minute read

September 17, 2010 | The Legal Intelligencer

In In re O'Connor, the U.S. Bankruptcy Court for the Western District of Pennsylvania was called on earlier this year to decide whether information contained in the debtors' bankruptcy schedules could provide constructive notice to the trustee, thereby destroying the trustee's status as a bona fide purchaser under § 544(a) of the Bankruptcy Code.

By Rudolph J. Di Massa Jr. and Blake D. Roth

9 minute read

July 27, 2007 | The Legal Intelligencer

In In re Jamuna Real Estate LLC, the U.S. Bankruptcy Court for the Eastern District of Pennsylvania, in an opinion issued by Judge Stephen Raslavich on April 25, determined that aiding or abetting breach of a fiduciary duty is a cognizable legal claim under Pennsylvania law.

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

6 minute read

October 08, 2004 | The Legal Intelligencer

Under Section 9 of the Uniform Fraudulent Transfer Act (UFTA), a creditor has four years from the date of an alleged fraudulent transfer to bring a cause of action against the transferor. However, the 1st U.S. Circuit Court of Appeals, in In re Valente, gave creditors an alternative to the remedies and limitations provided in the UFTA and allowed recovery against transferors under state common law.

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

8 minute read

May 20, 2011 | The Legal Intelligencer

In In re Porco Inc., the Bankruptcy Court for the Southern District of Illinois in a March 30 opinion addressed an issue of apparent first impression: whether a resulting or constructive trust is a "self-settling trust or similar device" subject to the trustee's avoidance power under § 548(e).

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

10 minute read

March 05, 2010 | The Legal Intelligencer

On Dec. 9, in In re McKay , the Bankruptcy Court for the Middle District of Florida addressed the setoff and recoupment rights of the estates of a debtor's deceased parents. The decedents' estates also sought relief from the automatic stay in order to withhold inheritance and other income from the debtor until such a time as the debtor repaid his debts to the estates.

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

9 minute read