Rudolph J Di Massa

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

February 11, 2005 | The Legal Intelligencer

In Lippe v. Bairnco Corp., the 2nd U.S. Court of Appeals entered a summary order regarding fraudulent conveyances and successor liability. The summary order will not be published in the Federal Reporter and, by its terms, may not be cited as precedential authority. However, the case presents an interesting discussion regarding the potential liabilities of corporations involved in corporate restructurings.

By Rudolph J. Di Massa Jr. and Wendy Simkulak

6 minute read

February 23, 2011 | The Legal Intelligencer

In its Jan. 11 opinion in In re DBSI Inc., the U.S. Bankruptcy Court for the District of Delaware held that a trustee's complaint seeking to recover actual and constructively fraudulent transfers satisfied the heightened pleading requirements set forth in Rule 9(b) and post-Twombly.

By Rudolph J. Di Massa Jr. and Blake D. Roth

10 minute read

December 02, 2005 | The Legal Intelligencer

Setoff, a traditional common law right, provides a creditor with the right to offset a mutual debt owing by the creditor to a debtor, provided the debts are in fact mutual and arise prepetition. While many regard the right to setoff as practical and intuitive, it is often difficult to apply, especially in situations where bankruptcy law and tax law meet.

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

9 minute read

March 05, 2004 | Law.com

Several months ago, in Capital Factors Inc. v. Kmart Corp., the U.S. District Court for the Northern District of Illinois addressed whether a bankruptcy court could authorize a debtor-in-possession to pay critical vendors for pre-petition debts.

By Rudolph J. Di Massa Jr.

9 minute read

November 05, 2004 | The Legal Intelligencer

Like many capital-intensive businesses, airlines finance their operations by issuing debt secured by their assets, which debts chiefly consist of aircraft and aircraft parts. When an airline encounters financial turbulence, the value of its creditors' collateral is at risk.

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

6 minute read

November 30, 2010 | The Legal Intelligencer

In Bogdanov v. Avnet Inc., the U.S. Bankruptcy Court for the District of New Hampshire followed the majority of circuits in holding, in connection with the defense of a § 547 preference action: (1) that "new value" is given when a creditor provides some actual value to the estate; (2) that new value need not remain unpaid in order to allow the preference defendant to offset the new value against previous payments; and (3) that an otherwise preferential payment used to pay antecedent debt may nonetheless be shielded by subsequently advanced new value.

By Rudolph J. Di Massa Jr. and Aaron J. Margolis

10 minute read

October 20, 2006 | The Legal Intelligencer

It is often the case that bankruptcy laws find themselves in conflict with other federal statutes or with state law.

By Rudolph J. Di Massa Jr.and Wendy M. Simkulak Special to the Legal

10 minute read