November 23, 2011 | The Legal Intelligencer
Harrisburg Filing Tests the Boundaries of Chapter 9The insolvency of Pennsylvania's capital city of Harrisburg is unsurprising to anyone watching the disaster slowly unfold over the past several years.
By Rudolph J. Di Massa Jr. and Aaron J. Margolis
12 minute read
November 16, 2012 | The Legal Intelligencer
Supreme Court to Address Circuit Split Over 'Defalcation' MeaningIn a corporate system based in part on the separation of ownership and control, the relationship between principals and agents is riddled with agency problems: Among them are potential conflicts of interest where agents may abuse their fiduciary position for their own benefit as opposed to the benefit of the principals to whom they are obligated.
By Rudolph J. Di Massa Jr. and Aaron J. Margolis
11 minute read
July 20, 2012 | The Legal Intelligencer
Function Over Form:On March 14, in Giuliano v. Almond Investment of Delaware addressed certain issues arising from a "last-minute" filing by the debtors to include a supply contract among contracts to be assumed and assigned by the debtors.
By Rudolph J. Di Massa Jr. and Catherine E. Beideman
9 minute read
June 19, 2009 | The Legal Intelligencer
High Court Greenlights Chrysler Sale Over Objection of Absolute Priority RuleOn June 9, in Indiana State Police Pension Trust v. Chrysler LLC, the U.S. Supreme Court cleared the way for Chrysler LLC and its affiliates to sell substantially all of their assets to Italian carmaker Fiat SpA, lifting a temporary block on the sale transaction and paving the way for the troubled car company to emerge from bankruptcy.
By Rudolph J. Di Massa Jr. And Sommer L. Ross
12 minute read
August 01, 2008 | The Legal Intelligencer
Transfer Tax Exemption Only Applies to Post-Confirmation Asset TransfersIn Florida Dept. of Revenue v. Piccadilly Cafeterias, the U.S. Supreme Court, on certiorari from the 11th U.S. Circuit Court of Appeals, resolved a split of authority among the circuits, holding that the tax exemption provided for under Section 1146(a) of Title 11 of the Bankruptcy Code applies only to post-confirmation asset transfers made pursuant to a confirmed plan of reorganization and does not apply to pre-confirmation transfers pursuant to Section 363 of the Bankruptcy Code.
By Rudolph J. Di Massa Jr. and Matthew E. Hoffman
10 minute read
June 21, 2013 | The Legal Intelligencer
Debtor's Pre-Bankruptcy Tax Status Not Property InterestPursuant to Section 541(a) of Title 11 of the U.S. Code (the Bankruptcy Code), the filing of a bankruptcy petition creates an estate composed of "all legal or equitable interests of the debtor in property as of the commencement of the case."
By Rudolph J. Di Massa Jr. nd Jarret P. Hitchings
7 minute read
May 22, 2012 | The Legal Intelligencer
Justices Address Split Over Cramdown Plans Precluding Credit BiddingIn a docket crowded with blockbuster cases this term, the Supreme Court's decision concerning the circuit split over cramdown plans precluding credit bidding by secured lenders may not stoke as much passion or fury as the cases concerning the Patient Protection and Affordable Care Act or Arizona's immigration law, but RadLAX Gateway Hotel v. Amalgamated Bank is arguably one of the more important business bankruptcy cases in over a decade.
By Rudolph J. Di Massa Jr. and Aaron J. Margolis
12 minute read
November 06, 2009 | The Legal Intelligencer
Two Bankruptcy Cases Set to Come Before the U.S. Supreme CourtDuring its current term, the U.S. Supreme Court will hear argument in two critical bankruptcy cases.
By Rudolph J. Di Massa Jr. And Laura D. Bonner
11 minute read
December 19, 2008 | The Legal Intelligencer
Lapse of Notices of Federal Tax Liens Doesn't Void Underlying LiensIn In re Toledo, the U.S. Bankruptcy Court for the Southern District of Florida filed a motion for summary judgment seeking a determination that certain federal tax liens remained valid, secured claims, regardless of whether notices thereof lapsed.
By Rudolph J. Di Massa Jr. and Matthew E. Hoffman
8 minute read
January 07, 2011 | The Legal Intelligencer
Creditors Entitled to 'Reasonable' Fees Incurred Pursuing Self InterestOn Nov. 18, in In re Adelphia Communications Corp., the U.S. Bankruptcy Court for the Southern District of New York addressed the question of whether ad hoc committees and individual creditors of a debtor are entitled to reimbursement of their legal fees and other professional expenses where the debtor's confirmed and effective Chapter 11 plan of reorganization authorized payment of creditors' "reasonable" fees and expenses.
By Rudolph J. Di Massa Jr. and Catherine E. Beideman
8 minute read
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