When many bankruptcy practitioners think of § 546 of the Bankruptcy Code, it is in connection with the statute of limitations for avoidance actions. While these provisions may be widely known, § 546 contains several other provisions that can have a substantial impact on a party’s substantive rights in a bankruptcy case.
On June 17, 2014, the U.S. Bankruptcy Court for the Northern District of Illinois addressed the defense to fraudulent transfer liability under § 548(c) of the Bankruptcy Code. Section 548(c) provides a defense for otherwise fraudulent transfers if the transferee accepts the transfer in good faith, and provides value in exchange for such transfer. Thus, there are two prongs to this defense: good faith and value.
With an increasing number of bankruptcy cases centering on massive financial frauds, bankruptcy courts in recent years have drastically extended the definition and scope of “property of the estate.” Not surprisingly, this broader definition has also led to an increased application of the automatic stay, sometimes extending the stay to third-party actions that were not even brought against debtors.
General Motors (GM) is currently facing two main types of lawsuits linked to its recall of cars with defective ignition switches. For those injured or killed as a result of these switches, GM has set up a special fund to compensate victims and their families. Yet, the very contentious and much more expensive issue concerns car owners suing GM for economic losses related to the defects, and these claims could easily reach into the billions of dollars.
In recognition of the increasingly global nature of business, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added a new chapter, chapter 15, to the Bankruptcy Code.
“Removal” refers to the process of transferring litigation to a federal court from another forum. Bankruptcy practitioners should be aware of two provisions that provide for removal of civil litigation to federal court: 28 U.S.C.
Bitcoins. Litecoins. Dogecoins. Even, at one point, “Coinye West.” Like it or not, it’s hard to deny that bitcoin and cryptocurrencies like it have been quite the talk of the financial world recently. Between Feb. 1, 2013, and Feb. 1, 2014, bitcoin prices have risen from about $20 per coin to a high of more than $1,200 and then fallen back down into the $500 to $600 range.
Do you sign proofs of claim on behalf of a client? Many young attorneys have done it early in their careers, either out of convenience or an eve-of-the-bar-date request of a client to file a proof of claim on its behalf, and likely have thought nothing of it. A recent opinion from the U.S. Bankruptcy Court for the Southern District of Texas in Duke Investments Ltd., et al. v.
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