Rudolph J Di Massa Jr

February 13, 2020 | The Legal Intelligencer

Last month, U.S. Bankruptcy Court Chief Judge Cecelia Morris for the Southern District of New York entered a decision granting summary judgment to pro se debtor, Kevin Jared Rosenberg, finding that Rosenberg had satisfied the "undue hardship" standard set forth in Section 523(a)(8) of the Bankruptcy Code, and ordering the discharge of Rosenberg's student loan debt of more than $220,000.

By Rudolph J. Di Massa, Jr. and Keri L. Wintle

8 minute read

December 26, 2019 | The Legal Intelligencer

In a bankruptcy case filed 91 years ago (and reopened 85 years later), the U.S. Bankruptcy Court for the Western District of Virginia recently denied creditors' counsel's motion for a fee enhancement under the "common fund doctrine," finding it could not award the requested fees absent statutory authority.

By Rudolph J. Di Massa, Jr. and Geoffrey A. Heaton

8 minute read

November 14, 2019 | The Legal Intelligencer

Discussions of student debt often include the blanket assumption that not even bankruptcy can relieve a borrower of his student loan obligations. While this assumption is incorrect, a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.

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

7 minute read

October 03, 2019 | The Legal Intelligencer

In In re Snyder, the U.S. Court of Appeals for the Second Circuit addressed an issue of first impression and joined the Third, Ninth, Tenth and Eleventh circuit courts in recognizing an exception to the rule that a default judgment has no preclusive effect in nondischargeability proceedings.

By Rudolph J. Di Massa Jr. and Keri L. Wintle

8 minute read

August 15, 2019 | The Legal Intelligencer

In TKC Aerospace v. Muhs (In re Muhs), 923 F.3d 377 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit held that a debt incurred as a result of a willful and malicious injury may nevertheless be dischargeable notwithstanding the provisions of 11 U.S.C. Section 523(a)(6).

By Rudolph J. Di Massa Jr. and Drew S. McGehrin

7 minute read

June 28, 2019 | The Legal Intelligencer

In a published decision from the General Motors bankruptcy case, the U.S. Bankruptcy Court for the Southern District of New York held that a creditor holding a contingent, unsecured claim that received proper notice of the claims bar date did not establish “excusable neglect” to permit it to file a proof of claim some nine years after the bar date passed.

By Rudolph J. Di Massa, Jr. and Geoffrey A. Heaton

8 minute read

May 23, 2019 | The Legal Intelligencer

Section 343 of the Bankruptcy Code provides that a “debtor shall appear and submit to examination under oath at the meeting of creditors under Section 341(a)” held at the outset of a bankruptcy case.

By Rudolph J. Di Massa, Jr. and Jarret P. Hitchings

7 minute read

April 01, 2019 | The Legal Intelligencer

In a decision recently issued by the U.S. Bankruptcy Court for the Northern District of Illinois, In re Argon Credit, No.16-bk-39654 (Bankr. N.D. Ill. Jan. 10, 2019), the court held that standby limitation provisions in subordination agreements prevented the subordinated lenders from pursuing discovery on the senior lender's claim.

By Rudolph J. Di Massa Jr. and Keri L. Wintle

8 minute read

February 14, 2019 | The Legal Intelligencer

In'In re Gaither,' the U.S. Bankruptcy Court for the District of South Carolina held that Bankruptcy Code Section 544(b) permitted a trustee to step into the shoes of the Internal Revenue Service and employ the Federal Debt Collection Procedures Act to seek to avoid a transfer of disclaimed settlement proceeds.

By Rudolph J. Di Massa Jr. and Drew S. McGehrin

9 minute read

December 27, 2018 | The Legal Intelligencer

In a matter of first impression within the U.S. Court of Appeals for the Second Circuit, the U.S. Bankruptcy Court for the Eastern District of New York recently rejected a preference defendant's request to apply a “hindsight analysis” in order to determine that a hypothetical preference waiver would have been granted in its favor.

By Rudolph J. Di Massa, Jr. and Keri L. Wintle

6 minute read