Rudolph J Di Massa Jr

August 22, 2002 | The Legal Intelligencer

Among the various forms of bankruptcy cases, those under Chapter 7 are sometimes characterized as the most static, with debtors` and creditors` rights and obligations set as of the time the petition for relief is filed. By contrast, cases under Chapter 11 and Chapter 13 are more fluid and forward-looking. Their resolution is dependent upon future events.

By Rudolph J. Di Massa Jr.

10 minute read

March 11, 2005 | The Legal Intelligencer

Is a debtor's pre-petition waiver of the automatic stay enforceable? Under the right circumstances it is, according to Bankruptcy Judge Brown of the U.S. Bankruptcy Court for the District of Vermont.

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

8 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.Special to the Legal

7 minute read

March 15, 2002 | New Jersey Law Journal

The reasonableness standard of 11 U.S.C. 506(b) applies even when contractual attorneys` fees are otherwise vested and enforceable under state law. And just because fees are deemed to be unreasonable under �506(b), they are not automatically disallowed.

By Rudolph J. Di Massa Jr.

7 minute read

January 06, 2006 | The Legal Intelligencer

Recently, in In re Enron Corp., U.S. Bankruptcy Judge Arthur J. Gonzalez of the U.S. Bankruptcy Court for the Southern District of New York was faced with the novel question of whether proofs of claim, which were transferred by the original claim holder (who is alleged to have engaged in inequitable conduct unrelated to the transaction that gave rise to the claims) would be subject to subordination in the hands of a transferee under Section 510(c) of the U.S. Bankruptcy Code.

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

11 minute read

February 21, 2002 | The Legal Intelligencer

Husband Died After Filing

By Rudolph J. Di Massa Jr.

8 minute read

May 19, 2003 | New Jersey Law Journal

While a security agreement defines the terms of the agreement between a debtor and creditor, the corresponding financing statement is, more often than not, simply a vehicle upon which other parties, including other creditors, rely to determine whether collateral is encumbered.

By Rudolph J. Di Massa Jr

8 minute read

April 21, 2005 | Law.com

In Rubin v. Pringle, the 9th Circuit 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. The court also held that Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund Inc. does not bar a preliminary injunction freezing assets where fraudulent conveyance or equitable causes of action are pleaded in bankruptcy.

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

6 minute read

April 01, 2011 | The Legal Intelligencer

The 2nd U.S. Circuit Court of Appeals recently held that the "gifting" of recoveries from senior creditors to either junior creditors or shareholders, over the objection of an intermediate creditor class, is impermissible under Chapter 11 of the Bankruptcy Code.

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

8 minute read

August 27, 2004 | The Legal Intelligencer

With limited exceptions, the law of successor liability in most states provides that a successor is not liable for the debts and liabilities of its predecessor.

By Rudolph J. Di Massa Jr. and Rasheena Harris

10 minute read