Timothy P Duggan

Timothy P Duggan

January 26, 2022 | New Jersey Law Journal

Cramdown Litigation: Considering COVID in Valuing Real Estate in Chapter 11 Cases

Valuation of real estate in Chapter 11 cases is challenging to begin with, and adding the effect of COVID-19 to the equation will make litigating valuation issues much more complicated. This article discusses a few cases that provide some guidance on what courts are looking at.

By Timothy P. Duggan

10 minute read

August 04, 2021 | New Jersey Law Journal

NJ Goes Down Swinging in PennEast Pipeline Supreme Court Case

The U.S. Supreme Court ruled that a private company can use the federal government's delegated power of eminent domain to sue the State of New Jersey in a federal condemnation action.

By Timothy P. Duggan

8 minute read

September 13, 2019 | New Jersey Law Journal

PennEast Litigation Seeks to Change Landscape in Natural Gas Act Condemnations

The courts seem open to revisiting the existing case law to determine whether all constitutional protections are being provided to private and public entities. The U.S. Constitution cannot be ignored solely for the benefit of private natural gas companies.

By Timothy P. Duggan

8 minute read

January 04, 2019 | New Jersey Law Journal

Taking Property Rights Quickly Is Not a 'Quick Take' Under Federal Law

On Dec. 14, 2018, New Jersey's federal district court rendered a long awaited decision in the PennEast natural gas pipeline litigation, which authorized the pipeline company to use the power of eminent domain.

By Timothy P. Duggan

8 minute read

April 03, 2017 | New Jersey Law Journal

Property Owners Challenge Eminent Domain for Pipeline

Most people agree that infrastructure projects are necessary, including certain natural gas pipelines.However, this does not mean that every pipeline should be approved.

By Timothy P. Duggan

12 minute read

January 29, 2015 | New Jersey Law Journal

A Matter of Interpretation

Did the N.J. legislature really intend for debtors to get a free home six years after acceleration of a mortgage loan?

By Timothy P. Duggan

8 minute read

January 29, 2015 | New Jersey Law Journal

A Matter of Interpretation

Did the N.J. legislature really intend for debtors to get a free home six years after acceleration of a mortgage loan?

By Timothy P. Duggan

8 minute read

November 22, 2004 | National Law Journal

Court rules against a solvent debtor

Courts are now taking a closer look at why a bankruptcy filing exists to prevent abusive debtors. The practice comes into play as an effort to verify cases were filed in good faith.

By Timothy P. Duggan Special to The National Law Journal

11 minute read

March 21, 2005 | New Jersey Law Journal

Sheriff Gets Commission on Foreclosure

Bankruptcy court finds a sale by a trustee was a settlement, entitling the sheriff to a commission.

By Timothy P. Duggan

8 minute read

January 07, 2009 | New Jersey Law Journal

Stub Rent Revisited

Recently, the Bankruptcy Court held that the landlord was entitled to an order allowing the claim for stub rent, but was not entitled to immediate payment.

By Timothy P. Duggan

8 minute read