na Cases
February 22, 2021
Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.
January 6, 2021
10th Circuit , Utah ,
Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.
January 5, 2021
The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.
December 18, 2020
By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.
November 30, 2020
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
November 24, 2020
10th Circuit , Utah ,
Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.
October 29, 2020
Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.
October 28, 2020
The equitable power under Section 105(a) permits extending the discharge objection deadline when the court makes a mistake.
October 26, 2020
Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
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.