May 17, 2022
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
May 6, 2022
To settle with a trustee, a creditor is not required to volunteer damaging information.
April 19, 2022
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
February 23, 2022
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
February 22, 2022
Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.
February 1, 2022
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
January 3, 2022
Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.
September 2, 2021
The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.
September 1, 2021
Second Circuit Revives $3.75 Billion in Lawsuits by the Madoff Trustee Against Financial Institutions
Reversing in favor of the Madoff trustee, the Second Circuit rules that inquiry notice, not willful blindness, governs the good faith defense by recipients of fraudulent transfers.
August 20, 2021
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.