January 26, 2022 | New Jersey Law Journal
Cramdown Litigation: Considering COVID in Valuing Real Estate in Chapter 11 CasesValuation 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 CaseThe 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 CondemnationsThe 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 LawOn 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 PipelineMost 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 InterpretationDid 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 InterpretationDid 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 debtorCourts 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 ForeclosureBankruptcy 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 RevisitedRecently, 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
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