December 9, 2024
If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?
December 5, 2024
Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).
November 15, 2024
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
November 6, 2024
To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit , Delaware ,
September 20, 2024
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
September 19, 2024
A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.
September 3, 2024
A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.
August 22, 2024
Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.
August 20, 2024
Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.
August 16, 2024
Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?