Rochelle's Daily Wire

Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.

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.

The Second Circuit says that an initial ‘recipient’ isn’t automatically an initial ‘transferee’ liable for an avoidable transfer under Section 550(a)(1).

The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.

A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.

In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.

Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.

Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.

The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.

Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.