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March 14, 2018 | New Jersey Law Journal

The Barton Doctrine and Trustee Immunity

When faced with a suit for actions taken in the course of a trustee's appointment, the trustee should first consider whether the plaintiff complied with the Barton Doctrine.
9 minute read
March 01, 2018 | New Jersey Law Journal

The Practical and Abstract Implications of 'In re Linear Electric'

This decision has significant impacts on commercial creditors and may offer contractor-debtors certain strategic advantages.
6 minute read
February 10, 2018 | New Jersey Law Journal

Developments in Automatic Stay Litigation

Violations of the stay can result in damages, including damages for emotional distress and punitive damages.
8 minute read
February 09, 2018 | New Jersey Law Journal

HIPAA and the Stark Law Take Center Stage in '21st Century Oncology'

The automatic stay does not prohibit a governmental entity from enforcing health-care laws against a debtor.
8 minute read
February 09, 2018 | New Jersey Law Journal

When is a Package 'Received'? The Answer Can Make all the Difference

The Third Circuit has become the first Circuit Court to squarely address whether receipt means the date of shipment or the date of physical possession by the buyer.
7 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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June 09, 2016 | New Jersey Law Journal

NJ's Uniform Fraudulent Transfer Act Gives Greater Protections to Creditors

A recent appellate decision shows how New Jersey's version of UFTA gives creditors greater rights as to the period of repose when compared with other states.
15 minute read
March 11, 2016 | New Jersey Law Journal

Court: Creditors Must Seize Stock Certificates From Debtors

A creditor must obtain the actual stock certificates in the possession of a debtor before new stock certificates can be issued, a New Jersey appeals court has ruled, taking guidance from the 11th Circuit and a Texas appellate court.
5 minute read
February 08, 2016 | New Jersey Law Journal

Senior Lienholder's Leverage in Disposition of Its Collateral

Can a debtor always compel its non-consenting secured lender to accept a money satisfaction of its interest in the debtor's property? Not according to the United States Bankruptcy Court for the District of Delaware.
7 minute read
October 02, 2015 | New Jersey Law Journal

Establishing the Priority, Validity and Enforceability of Mortgage Liens

How lenders can use equitable subrogation and ratification to establish the validity or priority of their liens, in the face of claims based on a prior mortgage not being paid off.
7 minute read
May 14, 2015 | New Jersey Law Journal

The Pitney Bowes Bank v. ABC Caging Fulfillment

Wages Owed from Debtor's Bank Account As of Levy Date Were Exempt from Levy
2 minute read

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