The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).
Court:
“They Did What?” Attacking Pre-Bankruptcy Transactions
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Federal Consumer Finance Watchdog to Tighten Bank Rules Around Money-Transfer Scams, Report Says
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Advanced Fraudulent Transfers: A Baker’s Dozen of Helpful Tips and Insights
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Tenth Circuit BAP Defines the Elements of the Earmarking Defense
Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.
Court: