September 13, 2021
Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.
September 10, 2021
Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.
September 9, 2021
Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
September 8, 2021
The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.
September 7, 2021
Although Section 1141(d)(1) sets a default rule only discharging claims that arose before confirmation, Circuit Judge Ambro says that a plan may alter the default rule and allow discharge of administrative claims arising after confirmation.
September 3, 2021
The Ninth Circuit leaves the door open for a bankruptcy court to sanction a misbehaving chapter 13 debtor before granting the debtor’s motion for voluntary dismissal.
September 2, 2021
The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.
Second Circuit Revives $3.75 Billion in Lawsuits by the Madoff Trustee Against Financial Institutions
September 1, 2021
Reversing in favor of the Madoff trustee, the Second Circuit rules that inquiry notice, not willful blindness, governs the good faith defense by recipients of fraudulent transfers.
August 31, 2021
Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.
August 30, 2021
The opinion tells plaintiffs what actions to take before filing suit to ensure constitutional standing to pursue a claim under the FDCPA.