Elizabeth J. Austin

Elizabeth J. Austin

Pullman & Comley, LLC

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Latest Publications


Bankruptcy Beat: Bankruptcy Court Finds Debt To Third Party To Be A Non-Dischargable Debt Incurred In Connection With a Divorce

Bankruptcy Judge Albert Dabrowski was faced with a unique set of circumstances arising as a result of the intersection of a state court divorce action and a Chapter 7 bankruptcy case. In the matter of Corrine Sawyer v. Scott...more

6/29/2015 - Bankruptcy Code Chapter 7 Consumer Bankruptcy Debtors Divorce Intra-Family Loans

Bankruptcy Beat: Decision Approves Cramdown of Secured Creditors in Chapter 11 With Sub-Market Interest Rate And Disallows...

On May 4, 2015, the U.S. District Court for the Southern District of New York affirmed the controversial and widely discussed decision of the Bankruptcy Court in In re MPM Silicones, LLC, 2014 WL 4436335 (Bankr. S.D.N.Y....more

5/20/2015 - Accelerated Payments Bankruptcy Court Chapter 11 Commercial Bankruptcy Cramdown Creditors Interest Rates Lenders

Bankruptcy Beat: Connecticut Bankruptcy Court Approves Settlement In Two Related Cases with a Torturous Twelve Year History

The Chapter 7 case of First Connecticut Consulting Group, Inc. and James J. Licata (the “Cases”) began as Chapter 11 cases over twelve years ago. The cases were consolidated and remained in Chapter 11 for four years as...more

12/10/2014 - Chapter 7 Commercial Bankruptcy Trustees

Bankruptcy Beat: The US Supreme Court Clarifies the Role of the Bankruptcy Court in Stern v. Marshall-Type Proceedings

On June 19, 2014 the Supreme Court of the United States in Executive Benefits Insurance Agency v. Arkison, 134 S. Ct. 2165 (2014) affirmed and clarified its prior decision in Stern v. Marshall, 131 S. Ct. 2594 (2011) which...more

7/10/2014 - Article III Chapter 7 Commercial Bankruptcy Executive Benefits Insurance Agency v. Arkison Fraudulent Conveyance SCOTUS Stern v Marshall

Bankruptcy Beat: Bankruptcy Court Applies To Collateral Estoppel To State Court Judgement For Fraud and Vexatious Litigation In...

In her first published decision, rendered in Mexico Construction and Paving v. Thompson (In re Thompson), Case No. 11-32924, Adv. Pro. No. 12-03065 (Bankr. D. Conn May 22, 2014), Judge Julie A. Manning held on the basis of...more

6/25/2014 - Abuse of Process Collateral Estoppel Commercial Bankruptcy Dischargeable Debts Estoppel Fraud

Bankruptcy Beat: Former Spouses’ Relative Income a Critical Factor in Determining Whether the Assumption of Mortgage Payments...

Disputes between general creditors and creditors asserting domestic support obligation claims are becoming commonplace in consumer bankruptcy cases. The dispute typically arises because spouses’ or former spouses’ claims are...more

6/19/2014 - Consumer Bankruptcy Creditors Divorce Priority Disputes Support Orders

Say Goodbye to Kodak Moments

On August 23, 2013, Bankruptcy Judge Allan Groper, approved the Eastman Kodak Company (“Kodak”) First Amended Joint Chapter 11 Plan of Reorganization, which enabled Kodak to emerge from bankruptcy as a totally new company. ...more

3/26/2014 - Commercial Bankruptcy Kodak

Connecticut District Court and Bankruptcy Court Differ on Extent to Which the Automatic Stay Automatically Terminates Upon Second...

Under §362(c)(3)(A), when a debtor files a second bankruptcy case within one year after the first case, the automatic stay in the second case will automatically terminate “with respect to the debtor” on the 30th day of the...more

2/11/2014 - Automatic Stay Consumer Bankruptcy Creditors

Are School Tuition Payments Fair Game For Bankruptcy Trustees in Parents' Personal Bankruptcy?

Parents who are forced to file for personal bankruptcy may be surprised to find that school tuition payments they made for their children years earlier could become the target of recovery by an aggressive bankruptcy trustee. ...more

1/7/2014 - Chapter 13 Chapter 7 Consumer Bankruptcy Fraudulent Transfers

Potential Personal Liability for Corporate Debts

A business experiencing financial difficulty will typically be forced to allocate its scarce resources toward payment of only some of its creditors. In that process, it is important to keep in mind that for some types of...more

8/5/2013 - Business Ownership Corporate Governance Corporate Officers Debt ERISA FICA Taxes Personal Liability Sales & Use Tax Wages

Bankruptcy Law Update - December 2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

12/21/2012 - Arbitration Automatic Stay Debtor-Creditor Equitable Mootness Leases Transfer of Venue

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