Rochelle's Daily Wire

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

If there’s an appeal, Bankruptcy Judge Garrity told the district judge all there is to know about chapter 15.

When it comes to overbroad exculpations and nondebtor releases, a nonseverability clause in a chapter 11 plan won’t invoke equitable mootness to dismiss an appeal from confirmation.

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

If you want a prejudgment asset freeze, ask for equitable relief and the recovery of specific property, Judge Goldblatt says.

In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.