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New Jersey Bankruptcy Court Holds that Environmental Agency’s Attempt to Compel Debtor to Perform Remediation Violates Automatic Stay and Does Not Qualify for Exception Under 11 U.S.C. § 362(b)(4)

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
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Henry Karwowski Named Adjunct Professor of the Year at Seton Hall School of Law

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
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In BYJU’s Alpha Bankruptcy, Delaware Bankruptcy Court Addresses Limitations on Federal Courts’ Authority to Issue Prejudgment Injunctive Relief on Claims for Money Damages

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
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S.D.Tx. Bankruptcy Court Addresses Application of Integrated Transaction Doctrine to Uptiering Restructuring in Incora Chapter 11

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,
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ABOUT US

Rabinowitz, Lubetkin & Tully, LLC is a six (6) lawyer firm that focuses its practice in the areas of bankruptcy, civil litigation, and commercial real estate. RLT’s attorneys are leaders in their field. Chambers USA, which lists America’s leading lawyers for business, and is a highly-respected legal directory based on in-depth interviews with in-house counsel and private practice attorneys, recently ranked RLT ahead of many larger well-respected firms. RLT was described as "deliver[ing] effective, timely and beneficial services that yielded favorable results." RLT was also noted as "hav[ing] tremendous knowledge and [the ability to] do timely and efficient work."

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