na Cases
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.
October 9, 2020
A gaming license in Pennsylvania is a revocable ‘privilege.’
September 25, 2020
Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.
September 24, 2020
Ownership of a bank account isn’t enough by itself to make the account holder the initial transferee of a fraudulent transfer.
September 2, 2020
The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.
August 20, 2020
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
August 12, 2020
The Seventh and Ninth Circuits may not be on the same page when it comes contempt citations falling under the Section 362(b)(4) exception to the automatic stay.
August 7, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
July 6, 2020
Circuits are split on the date of transfer resulting from a garnishment.