A New Jersey Bankruptcy Court recently held that a government environmental agency violated the automatic stay by seeking to compel a debtor to remediate an environmental violation in lieu of enforcing a claim for monetary damages.[1] Stephen Samost (the “Debtor”) held an indirect ownership interest via an LLC and its subsidiary in a lake and
Henry M. Karwowski, a partner at Rabinowitz, Lubetkin & Tully, LLC, has been named “Adjunct of the Year” at Seton Hall University School of Law in Newark.  Also, separately, he was voted “Adjunct Professor of the Year” by the school’s students. Mr. Karwowski (second from left in photo) and other nominated professors from each of
By John J. Harmon, Esq. A Delaware bankruptcy court recently addressed[1] the circumstances under which a debtor or trustee asserting fraudulent transfer claims may obtain a preliminary injunction to freeze a transferee’s assets without violating the Supreme Court’s ruling in Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc.[2] that federal courts lack authority
By John J. Harmon, Esq. In the Chapter 11 case filed by Wesco Aircraft Holdings, Inc. (commonly known as Incora), the United States Bankruptcy Court for the Southern District of Texas recently addressed the viability of claims by noteholder creditors who had been excluded from participating in the debtor’s prepetition uptiering restructuring.[1] In the restructuring,