December 26, 2019
The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
December 23, 2019
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.
December 19, 2019
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
December 13, 2019
The Supreme Court wants the government’s opinion about comity and the extraterritorial application of Sections 548 and 550.
December 10, 2019
The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.
December 6, 2019
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
December 5, 2019
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
December 4, 2019
Eighth Circuit was compelled to overrule its own precedent that permitted the bankruptcy court to bar a debtor from amending schedules based on bad faith.
November 18, 2019
Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.