Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
Court:
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
Court:
Bankruptcy Settlement Provided No Protection from Criminal Forfeiture
Criminal forfeiture and bankruptcy protect different interests, district judge says.
Court:
Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim
Madoff trustee racks up two victories in one day.
Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says
Madoff trustee’s newest appellate victory again disregards fictitious profits.
Court: