Rudolph J Di Massa Jr

April 15, 2005 | The Legal Intelligencer

In a recently decided case, Rubin v. Pringle (In re Focus Media Inc.), the 9th U.S. Circuit Court of Appeals held that in an adversary proceeding in bankruptcy court, a lawyer can be deemed to be the client's implied agent to receive service of process when the lawyer repeatedly represented that client in the underlying bankruptcy case.

By Rudolph J. Di Massa Jr. and Joann C. Moscariello

6 minute read

May 20, 2005 | The Legal Intelligencer

Debtors and trustees have long sought to unwind pre-petition transactions where the debtor has allegedly received less than fair value for assets that have been transferred to another. The scrutiny given such transactions is often heightened when there is a suggestion of self-dealing.

By Rudolph J. Di Massa Jr. and Kevin P. Ray

7 minute read

August 31, 2007 | Law.com

Following the minority line of cases in a notable split of authority among the circuits, the U.S. Bankruptcy Court for the District of New Mexico held that 11 U.S.C. Section 365(c)(1) does not prohibit assumption of an executory contract.

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

8 minute read

December 17, 2004 | The Legal Intelligencer

The last one-and-a-half decades have seen otherwise healthy companies seek Chapter 11 bankruptcy protection in an effort to control mass tort liability arising from the exposure to asbestos of their employees, customers and others.

By Rudolph J. Di Massa Jr. And Kevin P. Ray

9 minute read

December 01, 2006 | The Legal Intelligencer

In In re Orchard at Hansen Park, the U.S. Bankruptcy Court for the Northern District of Texas was faced with the issue of whether a creditor has standing to raise the issue of authority to file a bankruptcy petition and to pursue a motion to dismiss when a limited liability company files for bankruptcy without obtaining the approval of all its members, as required by the company's operating agreement.

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

9 minute read

January 17, 2002 | The Legal Intelligencer

In its recent decision, Welzel v. Advocate Realty Investments LLC (In re Welzel), the 11th U.S. Circuit Court of Appeals resolved two related issues under 11 U.S.C. Section 506(b) as a matter of first impression.

By Rudolph J. Di Massa Jr.

7 minute read

June 22, 2007 | The Legal Intelligencer

Since the first version was published in 1949, the Uniform Commercial Code has obtained widespread acceptance throughout the United States and serves as a source of stability and regularity for commercial transactions.

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

11 minute read

June 13, 2002 | The Legal Intelligencer

The uncertain, potentially bottomless liability associated with mass tort litigation, and specifically with asbestos litigation, not infrequently results in corporate defendants seeking protection under the Bankruptcy Code.

By Rudolph J. Di Massa Jr.

6 minute read

January 05, 2007 | The Legal Intelligencer

In re Airway Industries Inc., the U.S. Bankruptcy Court for the Western District of Pennsylvania denied the motion of an unsecured creditors' committee seeking the turnover of certain transaction bonuses provided by a secured creditor to four of a debtor's officers.

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

7 minute read

May 18, 2007 | The Legal Intelligencer

The 11th U.S. Circuit Court of Appeals held, in Fibreboard Corporation v. Celotex Corporation (In re Celotex Corporation), that a party that pays judgments on which it is jointly and severally liable with a debtor in bankruptcy cannot assert a subrogation claim under Section 509 of the Bankruptcy Code to recover the debtor's share of the judgments.

By Rudolph J. Di Massa Jr. and Christopher M. Winter

7 minute read