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Second Circuit: Not a Party to an Assumed Unexpired Lease? No Cure Claim for You!

On April 10, 2023, the United States Court of Appeals for the Second Circuit (the “Court”) held that a non-party to an unexpired lease assumed by a debtor in bankruptcy was not entitled to assert a “cure claim” under section...more

High Court Holds Imputed Liability for Fraud is Non Dischargeable Under Bankruptcy Code Section 523

On February 22, 2023, the United States Supreme Court (the “Court”) held that an individual chapter 7 debtor could not discharge a state court judgment arising from the fraudulent acts of her business partner even though the...more

Federal Rules Of Bankruptcy Procedure Amended In Response To Small Business Reorganization Act Of 2019

On February 19, 2020, the Small Business Reorganization Act of 2019 (SBRA) took effect after being signed into law in mid-2019. Among other things, the SBRA created a new subchapter (Subchapter V) to chapter 11 of title 11 of...more

Second Circuit Finds Willful Stay Violation in Foreclosure Sale of Non-Debtor’s Real Property

On July 6, 2022, the Court of Appeals for the Second Circuit (the Circuit Court), in analyzing an issue of first impression, entered a decision clarifying the expansive applicability of the automatic stay provision of the...more

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