Rudolph J Di Massa Jr

October 21, 2005 | The Legal Intelligencer

The pre-confirmation sale of assets in a case filed under Chapter 11 of the Bankruptcy Code is often an important step in the reorganization process. However, the U.S. Bankruptcy Court for the Eastern District of Pennsylvania has held that such a sale does not satisfy the business justification test when the sale benefits only the debtor's secured creditor.

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

8 minute read

March 28, 2002 | The Legal Intelligencer

Common sense suggests that a party holding property in trust for the benefit of another does not acquire an interest in that property. However, where a commingled trust is insolvent, claimants are generally treated as creditors, not beneficiaries, unless their funds are traceable.

By Rudolph J. Di Massa Jr.

8 minute read

April 18, 2008 | Law.com

In In re Touch America Holdings Inc., 381 B.R. 95 (Bankr. D. Del. 2008), the U.S. Bankruptcy Court for the District of Delaware was called on to decide whether to subordinate and disallow various reimbursement and indemnification claims filed by former directors and officers of the debtors in connection with two civil actions pending against these directors and officers.

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

9 minute read

October 03, 2003 | The Legal Intelligencer

Lenders that extend credit to corporate borrowers often require their borrowers to secure the debt in some way. When borrowers experiencing financial difficulties seek additional capital to keep their operations afloat, lenders often require more collateral.

By Rudolph J. Di Massa Jr.

10 minute read

March 14, 2008 | The Legal Intelligencer

In furtherance of its effort to protect the public from fraud committed by a business debtor's management, Congress enacted Section 1104(e) of the Bankruptcy Code as part of the 2005 Bankruptcy Amendments, commonly known as BAPCPA. In general, Section 1104 of the code governs the appointment of a Chapter 11 trustee.

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

8 minute read

June 30, 2006 | The Legal Intelligencer

In Golden v. The Guardian Life Insurance Company of America (In re Lenox Healthcare Inc.), the U.S. Bankruptcy Court for the District of Delaware addressed some issues that frequently arise in preference litigation - particularly, what constitutes property of the estate, the defenses available to defendants, and the specificity with which a trustee must plead and offer proof for the elements of a preferential transfer at the initial complaint, answer and discover phase of an adversary action.

By Rudolph J. Di Massa Jr. and Wendy Simkulak

9 minute read

July 25, 2003 | The Legal Intelligencer

Generally, when interests in real estate are transferred, local taxing authorities collect various transfer and recording taxes from the purchaser of the real estate. However, the Bankruptcy Code prohibits the imposition of taxes on transfers that occur under a plan confirmed under Chapter 11 of the Bankruptcy Code.

By Rudolph J. Di Massa Jr.Special to the Legal

5 minute read

April 21, 2006 | The Legal Intelligencer

On Jan. 23, the U.S. Supreme Court entered a decision regarding the preference provisions of the United States Bankruptcy Code and whether these provisions could trump a state agency's defense of sovereign immunity.

By Rudolph J. Di Massa Jr. And Sommer L. Ross Special to the Legal

6 minute read

April 13, 2007 | The Legal Intelligencer

A fundamental purpose of Article 9 of the Uniform Commercial Code is "to provide a simple and unified structure within which the immense variety of present-day secured financing transactions can go forward with less cost and with greater certainty."

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

5 minute read

May 20, 2002 | New Jersey Law Journal

When a party allows a specified time period to lapse, before arguing whether it should be forgiven by virtue of its excusable neglect, the party might first urge that what it did before the deadline was close enough.

By Rudolph J. Di Massa Jr.

8 minute read