Rudolph J Di Massa

March 05, 2010 | The Legal Intelligencer

On Dec. 9, in In re McKay , the Bankruptcy Court for the Middle District of Florida addressed the setoff and recoupment rights of the estates of a debtor's deceased parents. The decedents' estates also sought relief from the automatic stay in order to withhold inheritance and other income from the debtor until such a time as the debtor repaid his debts to the estates.

By Rudolph J. Di Massa Jr. and Catherine E. Beideman

9 minute read

June 24, 2005 | The Legal Intelligencer

Both bankruptcy and nonbankruptcy practitioners are aware that a trustee or a debtor can avoid certain transfers made by a debtor prior to a filing under 11 U.S.C. Section 101.

By Rudolph J. Di Massa Jr. and Wendy Simkulak

7 minute read

May 07, 2010 | The Legal Intelligencer

In Commissary Operations Inc. v. Dot Foods Inc., the U.S. Bankruptcy Court for the Middle District of Tennessee held that the value of goods delivered pre-petition to a debtor for which a creditor receives an administrative expense claim may also be applied in calculating credits under the "new value" defense to a preference action.

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

7 minute read

February 02, 2007 | The Legal Intelligencer

In In re Global Home Products, LLC, the U.S. Bankruptcy Court for the District of Delaware, in an opinion issued by Bankruptcy Judge Kevin Gross on Dec. 21, determined that it was within the discretion of the bankruptcy court to determine when an allowed Section 503(b)(9) claim should be paid.

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

9 minute read

March 17, 2006 | The Legal Intelligencer

Upon the filing of a petition for relief under 11 U.S.C. Section 101, an estate is created pursuant to Section 541 of the Bankruptcy Code. All estate property is thereafter subject to bankruptcy court jurisdiction.

By Rudolph J. Di Massa Jr.

8 minute read

July 29, 2005 | The Legal Intelligencer

Potential business debtors and their counsel often strategize about where to file a Chapter 11 petition. While formed in one state, business entities may have operations and/or assets in states throughout the country, so that they may have the option to file a bankruptcy petition in any number of jurisdictions.

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

9 minute read

February 10, 2006 | The Legal Intelligencer

Few issues in bankruptcy law vary as widely across the circuits as does the issue of deepening insolvency and its status as a separate tort.

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

11 minute read

June 18, 2004 | The Legal Intelligencer

Generally, where a debtor wishes to retain property of the bankruptcy estate that is subject to a creditor's security interest, the Bankruptcy Code authorizes such retention, but requires that the debtor provide the secured creditor with adequate protection of its secured claim.

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

8 minute read

July 23, 2004 | The Legal Intelligencer

Typically, this weekly article series addresses federal bankruptcy issues. The case discussed today does not. However, Gallaher v. Riddle, an appeal recently decided by the Superior Court of Pennsylvania, may be interesting and instructive to practitioners dealing with fraudulent transfers under state law as well as bankruptcy law.

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

6 minute read

July 18, 2002 | The Legal Intelligencer

Capitalizing Text Doesn`t

By Rudolph J. Di Massa Jr.

8 minute read