Bankruptcy Trustee’s Avoidance Rights Are Nearly Limitless

Posted on October 23rd, 2012

Joshua S. Bauchner, Esq. recently published an article in the national online journal, Law360, entitled “Bankruptcy Trustee’s Avoidance Rights Are Nearly Limitless”  The article addresses Section 550 of the Bankruptcy Code which applies where the trustee, having already avoided a transfer of some property, seeks to recover that property. Under those circumstances, the recovery must be “for the benefit of the estate.” This requirement does not apply, however, where the trustee seeks only to avoid an obligation that the debtor incurred, which does not require any recovery to the estate. Additionally, Section 550 does not limit the amount of avoidance to a creditor’s claim permitting recovery of a transfer or negation of an obligation in its entirety.  These considerations provide a trustee with extraordinary flexibility and range when pursuing claims under sections 544 and 548 of the Code.

Please click here to read Mr. Bauchner’s article in its entirety.

Spotlight on Section 550 of the Bankruptcy Code

Posted on August 29th, 2012

Joshua S. Bauchner, Esq. recently published an article in the national online journal, Law360, entitled “Spotlight on Section 550 of the Bankruptcy Code.”  The article addresses the “benefit of the estate” language of section 550 of the Bankruptcy Code which informs and guides most bankruptcy practice. It permits the trustee to recover property from a transfer avoided pursuant to sections 544, 545, 547, 548, 549, 553(b), or 724(a). However, the “benefit of the estate language” often is limited by courts and practitioners to take into consideration only benefit to creditors of the estate; rather than to all of the various constituencies comprising the bankrupt estate, including equity. This is too narrow an application of the statute.

Please click here to read Mr. Bauchner’s article in its entirety.

“NY/NJ Clean Ocean Zone Bill Announced–H.R. 5872”

Posted on July 6th, 2012

Through his representation of Clean Ocean Action, a nonprofit environmental organization based in Sandy Hook, New Jersey, Andrew Provence, Esq. participated in the drafting of the Clean Ocean Zone legislation, pending federal legislation.

Clean Ocean Advocate featured an article detailing Mr. Provence’s involvement in creating law to protect and preserve the waters of the coasts of New York and New Jersey.

Click here to read the article entitled “NY/NJ Clean Ocean Zone Bill Announced–H.R. 5872”.

“Rumson Neighbors Challenge Borough on Tree Removal”

Posted on July 2nd, 2012

In its August 5, 2011 issue, The Two River Times covered Andrew Provence, Esq.’s representation of property owners who challenged the action of the Borough of Rumson to allow the removal of trees from a neighboring lot.  The Rumson Planning Board ultimately required the owner of the neighboring lot to plant new trees and to take affirmative measures to control storm water runoff.

Click here to read “Rumson Neighbors Challenge Borough on Tree Removal”.

The Forgotten Bank Holding Company Act of 1972

Posted on June 25th, 2012

Joshua S. Bauchner, Esq. recently published an article in the national online journal, Law360, entitled “The Forgotten Bank Holding Company Act of 1972.” The article discusses the Bank Holding Company Act (“BHCA”) enacted by Congress to deter misconduct and compensate victims by permitting “[a]ny person who is injured in his business or property by reason of anything forbidden” in Section 1972 to bring suit. 12 U.S.C. § 1975. Congress intended the expansive BHCA to protect against the banking industry’s inherent coercive and anti-competitive market power by granting a private right of action to “any person” injured by “anything forbidden” in the statute, adopting per se liability, rejecting more rigorous requirements found in antitrust law, and awarding treble damages, fees and costs.

Please click here to read Mr. Bauchner’s article in its entirety.

 

 

Mitchell J. Ansell Defends Accused Rabbi in Prominent Case

Posted on May 16th, 2012

Note: This article is reposted from ABC News – View Original Article: http://abcnews.go.com/US/wireStory?id=14096994&singlePage=true#.T7UUdcXrR8E

FBI: US Couple Kidnapped Israeli to Force Divorce

 

By JOSH LEDERMAN Associated Press
TRENTON, N.J. July 18, 2011 (AP)

A New Jersey rabbi and his wife surrendered to the FBI on Monday on charges that they abducted an Israeli man, beat him and threatened to bury him alive if he didn’t give his wife a religious divorce.

The case against David Wax and his wife in United States federal court marks a strange twist in a chain of events that started with a divorce dispute in Israel’s Rabbinical Court over the victim’s refusal to give his wife a “get,” an Orthodox Jewish divorce document permitting a wife to remarry.

It also entangles a prominent religious figure and publisher of Jewish texts, described as a “pillar of the community” of Lakewood, N.J., a large Orthodox enclave and center of Jewish learning. [ Read More → ]