New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.
California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine
Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.
Court:
Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit
Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.
Court:
Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor
Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.
Court:
Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions
Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.
Court:
Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit
Petters bankruptcy spawns another monumental Ponzi scheme opinion.
Court:
Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal
Can substantive consolidation eradicate a defendant’s affirmative defense?
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Supreme Court: Misrepresentation Not Required for “Actual Fraud” Nondischargeability
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Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability
Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.
Court:
Fraudulent Transfer Litigation
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