Rochelle's Daily Wire

The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.

A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.

Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.

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

Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.

The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.

When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.

A district judge in Brooklyn applied the two most commonly used tests for the ‘ordinary course’ defense to uphold dismissal of preference complaints.

A shipment received by a debtor within 20 days of filing gives the creditor both an administrative claim and a new value defense to a preference, the Eleventh Circuit says.

Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.