June 4, 2019
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
May 31, 2019
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
May 28, 2019
Plain language of Section 547 defeated what could have been an easily avoided preference.
Plain language of Section 547 defeated what could have been an easily avoided preference.
May 22, 2019
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
March 21, 2019
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
January 31, 2019
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.