Business Law

The Section is experiencing an enormous tailwind on the heels of an incredibly successful Legislative Day at the State Capitol! Read more

In MOAC, the Supreme Court held that 11 U.S.C. § 363(m) of the Bankruptcy Code is not jurisdictional, reversing the Second Circuit Court of Appeals and resolving a Circuit split over whether section § 363(m) limits appellate jurisdiction over § 363 sale orders or instead just limits the appellant’s remedies on appeal in the event there is a sale or lease to a good-faith purchaser or lessee. Read more

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On April 10, 2023, the CDI issued two bulletins setting for the annual assessment for the principle-based reserving (PBR) fund, which is used to defray the costs of PBR valuation.  Read more

The U.S. Environmental Protection Agency (EPA) has established the first pesticide tolerance for hemp. This tolerance is for the pesticide ethalfluralin. Read more

In the most recent bankruptcy case dealing with the question of whether private student loans made by Navient Credit Finance Corporation (Navient) are nondischargeable under Bankruptcy Code § 523(a)(8), on cross summary judgment motions the Bankruptcy Court for the Northern District of New York (the Court) ruled (1) for the debtor that the loans were not “part of a program funded in part by the government” as required for nondischargeability under § 523(a)(8)(A)(i) but (2) for the creditor that the debtor’s loan was nondischargeable under § 523(a)(8)(B).  Mazloom v Navient Solutions, LLC (In re Mazloom), 648 B.R. 1 (Bankr. N.D.N.Y. 2023). Read more

In a recent published opinion, the Seventh Circuit Court of Appeals (the Court) reversed its own precedent in ruling that federal, not state law, defines the meaning of “transfer” in § 547 of the Bankruptcy Code, the statutory authority which allows a trustee to recover preferential transfers for the benefit of the estate.  Warsco v Creditmax Collection Agency, Inc., 56 F.4th 1134 (7th Cir. 2023). Read more

Doctor’s irregular prescription of controlled substances to family member is good cause for disclosure of family member’s private medical information. Read more

Arbitration comes with significant risk.  Most arbitration decisions are not reviewable or appealable.  Even if an arbitrator makes a mistake in deciding a case, generally it cannot be appealed. Read more

Answering a question that has been addressed by multiple bankruptcy courts with mixed results, the Bankruptcy Court for the Western District of Missouri (the Court) ruled that when debtors sell real property they own when a chapter 13 is filed, the proceeds from the sale are new property that replenishes the chapter 13 estate and may be available for distribution to creditors.  In re Marsh, 647 B.R. 725 (Bankr. W.D. Mo. 2023). Read more