Claims

3rd Circuit New Jersey Nov 18, 2024

Without Levy, a Recorded Judgment Lien Is Unperfected in Some States

In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.

Betting on a Fresh Start? Gambling Debt Dischargeability in an Era of Online Sports Betting

Betting on a Fresh Start? Gambling Debt Dischargeability in an Era of Online Sports Betting By Connor D. Hicks The U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) on May 14, 2018. 1 PASPA had largely made it unlawful for states

Benchnotes February 2025

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source

‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.

Depositors’ Troubles in Nonbank Cases

Depositors’ Troubles in Nonbank Cases By Jonathan Batiste Bankruptcy professionals traditionally consider the employees, executives, creditors and owners of debtors in corporate insolvency cases. 1 However, the Synapse Financial Technologies Inc. 2 bankruptcy highlights

Benchnotes January 2025

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo 1 Constitutional Challenge to Chapter 13 Trustee Compensation Scheme Rejected The salaries of chapter 13 trustees are paid by the trustees’ collection of a percentage fee from every plan payment

9th Circuit Oct 29, 2024

Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says

An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.