October 15, 2020
Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.
October 13, 2020
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
October 9, 2020
A gaming license in Pennsylvania is a revocable ‘privilege.’
October 7, 2020
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
10th Circuit , Colorado ,
October 6, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
September 30, 2020
A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.
September 29, 2020
Insurance companies must nail down the treatment of performance bonds before plan confirmation.
5th Circuit , Louisiana ,
September 28, 2020
Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.
September 25, 2020
Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.
September 24, 2020
Ownership of a bank account isn’t enough by itself to make the account holder the initial transferee of a fraudulent transfer.