43 Cited authorities

Grogan v. Garner
498 U.S. 279 (1991) Cited 9,016 times 3 Legal Analyses
Holding that "the standard of proof for the dischargeability exceptions in 11 U.S.C. § 523 is the ordinary preponderance-of-the-evidence standard"
Butner v. United States
440 U.S. 48 (1979) Cited 4,385 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
BFP v. Resolution Trust Corp.
511 U.S. 531 (1994) Cited 1,157 times 15 Legal Analyses
Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"
Nat'l Labor Relations Bd. v. Bildisco & Bildisco
465 U.S. 513 (1984) Cited 1,158 times 21 Legal Analyses
Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167
Midlantic Nat. Bank v. N.J. Dept. of E. P
474 U.S. 494 (1986) Cited 768 times 6 Legal Analyses
Holding that a trustee cannot abandon property in violation of state health or safety laws, but that this "does not encompass a speculative or indeterminate future violation of such laws that may stem from abandonment"
Rousey v. Jacoway
544 U.S. 320 (2005) Cited 240 times
Holding that traditional IRAs are included within § 522(d)(E)'s exemption for "a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of ... age" based on the legal characteristics of traditional IRAs
Local Loan Co. v. Hunt
292 U.S. 234 (1934) Cited 1,878 times 2 Legal Analyses
Holding that courts have jurisdiction to interpret and enforce their own orders
In re Smith
507 F.3d 64 (2d Cir. 2007) Cited 115 times
Determining whether dismissal was in the best interests of all parties
Integrated Solutions, Inc. v. Service Support Specialties, Inc.
124 F.3d 487 (3d Cir. 1997) Cited 119 times
Holding that New Jersey law prohibits prejudgment assignment of tort claims, including intentional torts
Drucker v. Mauro
30 A.D.3d 37 (N.Y. App. Div. 2006) Cited 92 times
In Drucker, the parties entered into a lease and rider pursuant to which the plaintiff's rented an apartment from the defendant.
Section 522 - Exemptions
11 U.S.C. § 522 Cited 10,256 times 36 Legal Analyses
Granting debtor power to avoid judicial lien that impairs exemption
Section 365 - Executory contracts and unexpired leases
11 U.S.C. § 365 Cited 5,692 times 201 Legal Analyses
Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval
Section 704 - Duties of trustee
11 U.S.C. § 704 Cited 2,667 times 11 Legal Analyses
Holding one of the trustee's duties is to "investigate the financial affairs of the debtor"
Section 303 - Involuntary cases
11 U.S.C. § 303 Cited 2,019 times 36 Legal Analyses
Recognizing insolvency when a debtor is “generally not paying ... debts as [they] become due”
Section 282 - Permissible exemptions in bankruptcy
N.Y. Debt. & Cred. Law § 282 Cited 138 times 1 Legal Analyses
Excluding from exemption plans not qualifying under Section 401, 403, 403(b), 408, 409 or 457 of the I.R.C.
Section 226-B - Right to sublease or assign
N.Y. Real Prop. Law § 226-B Cited 133 times
Making unenforceable any lease clause that limits the tenant's statutory ability to sublet his apartment
Section 2520.6 - Definitions
N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.6 Cited 191 times
(a) Housing accommodation. That part of any building or structure, occupied or intended to be occupied by one or more individuals as a residence, home, dwelling unit or apartment, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof. The term housing accommodation will also apply to any plot or parcel of land which had been regulated pursuant to the City of Rent Law prior to July 1, 1971, and which became subject to the RSL after June
Section 2523.5 - Notice for renewal of lease and renewal procedure
N.Y. Comp. Codes R. & Regs. tit. 9 § 2523.5 Cited 125 times
Providing that the landlord must notify the tenant named in the expiring lease "not more than 150 days and not less than 90 days prior to the end of the tenant's lease term . . . and offer to renew the lease . . ."
Section 2524.3 - Proceedings for eviction-wrongful acts of tenant
N.Y. Comp. Codes R. & Regs. tit. 9 § 2524.3 Cited 60 times
Without the approval of the DHCR, an action or proceeding to recover possession of any housing accommodation may only be commenced after service of the notice required by section 2524.2 of this Part, upon one or more of the following grounds, wherein wrongful acts of the tenant are established as follows: (a) The tenant is violating a substantial obligation of his or her tenancy other than the obligation to surrender possession of such housing accommodation, and has failed to cure such violation
Section 2524.4 - Grounds for refusal to renew lease, or in hotels, discontinuing a hotel tenancy, without order of the DHCR
N.Y. Comp. Codes R. & Regs. tit. 9 § 2524.4 Cited 46 times
The owner shall not be required to offer a renewal lease to a tenant, or in hotels, to continue a hotel tenancy, and may commence an action or proceeding to recover possession in a court of competent jurisdiction, upon the expiration of the existing lease term, if any, after serving the tenant with a notice as required pursuant to section 2524.2 of this Part, only on one or more of the following grounds: (a) Occupancy by owner or member of owner's immediate family. (1) An owner who seeks to recover
Section 2525.6 - Subletting; assignment
N.Y. Comp. Codes R. & Regs. tit. 9 § 2525.6 Cited 17 times
(a) Housing accommodations subject to this Code rented by a tenant pursuant to an existing lease may be sublet in accordance with the provisions, and subject to the limitations, of section 226-b of the Real Property Law, provided that the additional provisions of this section are complied with and provided further that the tenant can establish that at all times he or she has maintained the housing accommodation as his or her primary residence and intends to occupy it as such at the expiration of
Section 2524.1 - Restrictions on removal of tenant
N.Y. Comp. Codes R. & Regs. tit. 9 § 2524.1 Cited 15 times
(a) As long as the tenant continues to pay the rent to which the owner is entitled, no tenant shall be denied a renewal lease or be removed from any housing accommodation by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession, except on one or more of the grounds specified in this Code. (b) It shall be unlawful for any person to remove or attempt to remove any tenant from any housing accommodation
Section 2202.20 - Senior citizen rent increase exemption
N.Y. Comp. Codes R. & Regs. tit. 9 § 2202.20 Cited 5 times
(a) No increase in maximum rent, pursuant to section 2201.3, 2201.4, 2201.5, 2201.6, 2202.8, 2202.9, 2202.10, 2202.11 or 2202.13 of this Title, shall be collectible from a tenant to whom there has been granted a rent increase exemption order, pursuant to this section, which became effective prior to the effective date of such increase, except as provided in such exemption order or as modified by subsequent exemption order. (b) No increase in the legal regulated rent of housing accommodations subject

In the Matter of Mary Veronica Santiago-Monteverde. Mary Veronica Santiago-Monteverde, Appellant,v.John S. Pereira,, Respondent.

43 Cited authorities

Holding that "the standard of proof for the dischargeability exceptions in 11 U.S.C. § 523 is the ordinary preponderance-of-the-evidence standard"

Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"

Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167

Holding that a trustee cannot abandon property in violation of state health or safety laws, but that this "does not encompass a speculative or indeterminate future violation of such laws that may stem from abandonment"

Holding that traditional IRAs are included within § 522(d)(E)'s exemption for "a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of ... age" based on the legal characteristics of traditional IRAs

Holding that courts have jurisdiction to interpret and enforce their own orders

Determining whether dismissal was in the best interests of all parties

Holding that New Jersey law prohibits prejudgment assignment of tort claims, including intentional torts

In Drucker, the parties entered into a lease and rider pursuant to which the plaintiff's rented an apartment from the defendant.

Granting debtor power to avoid judicial lien that impairs exemption

Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

Holding one of the trustee's duties is to "investigate the financial affairs of the debtor"

Recognizing insolvency when a debtor is “generally not paying ... debts as [they] become due”

Excluding from exemption plans not qualifying under Section 401, 403, 403(b), 408, 409 or 457 of the I.R.C.

Making unenforceable any lease clause that limits the tenant's statutory ability to sublet his apartment

Providing that the landlord must notify the tenant named in the expiring lease "not more than 150 days and not less than 90 days prior to the end of the tenant's lease term . . . and offer to renew the lease . . ."