Rudolph J Di Massa

June 25, 2021 | The Legal Intelligencer

As a continuation of the ongoing disputes that began with a challenged "structured dismissal" in the Jevic Holdings Corp. bankruptcy case, the U.S. Bankruptcy Court for the District of Delaware recently rendered a decision addressing the rights and obligations of a trustee who has been appointed after a debtor's Chapter 11 case converts to one under Chapter 7 of the Bankruptcy Code.

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

9 minute read

May 20, 2021 | The Legal Intelligencer

In a recently published decision, the U.S. Bankruptcy Court for the Eastern District of North Carolina held that a creditor violated both the automatic stay and discharge injunction when the creditor made a criminal referral against a debtor on account of a bounced rent check.

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

8 minute read

March 29, 2021 | The Legal Intelligencer

The appellate court found that the plaintiffs' claims had not been "automatically" stayed pursuant to Section 362 of the Bankruptcy Code. As a result, the statute of limitations applicable to those claims had not been tolled.

By Rudolph J. Di Massa Jr. and Malcolm Bates

9 minute read

February 11, 2021 | The Legal Intelligencer

In In re Tribune, 972 F.3d 228 (3d Cir. 2020), the U.S. Court of Appeals for the Third Circuit affirmed the confirmation of Tribune Co.'s Chapter 11 plan. In so doing, the court identified certain principles to be applied when determining whether a plan unfairly discriminates against a dissenting class of creditors.

By Rudolph J. Di Massa Jr. and Elisa Hyder

8 minute read

December 23, 2020 | The Legal Intelligencer

In City of Chicago v. Fulton, the U.S. Supreme Court is poised to rule on whether a creditor must, under the automatic stay provision of the Bankruptcy Code, affirmatively return property to a debtor once she files a petition for relief.

By Rudolph J. Di Massa Jr. and Diane J. Kim

7 minute read

November 12, 2020 | The Legal Intelligencer

In In re Ellingsworth Residential Community Association, the U.S. Bankruptcy Court for the Middle District of Florida determined that a nonprofit community association engaged in the requisite "commercial or business activities" sufficient to qualify it as a "small business debtor" for purposes of filing a Chapter 11 petition under Subchapter V of the Bankruptcy Code.

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

7 minute read

October 01, 2020 | The Legal Intelligencer

In In re Smith, the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.

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

10 minute read

August 13, 2020 | The Legal Intelligencer

In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.

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

8 minute read

June 26, 2020 | The Legal Intelligencer

In In re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a question of first impression in the circuit with respect to property that is exempt from creditor reach.

By Rudolph J. Di Massa Jr. and Malcolm Bates

8 minute read

May 21, 2020 | The Legal Intelligencer

In In re Palladino, 942 F.3d 55 (1st Cir. 2019), the U.S. Court of Appeals for the First Circuit addressed whether a debtor receives "reasonably equivalent value" in exchange for paying his adult child's college tuition.

By Rudolph J. Di Massa Jr. and Elisa Hyder

7 minute read