January 15, 2016
No ‘Innocent Insider’ Exception to In Pari Delicto in New York, Judge Holds
New York becomes even more inhospitable to trustees facing in pari delicto defense.
2nd Circuit, New York, New York Southern DistrictJanuary 15, 2016
Madoff ‘Net Equity’ Method Was Properly Applied to Inter-Account Transfers
Madoff trustee’s newest appellate victory again disregards fictitious profits.
2nd Circuit, New York, New York Southern DistrictJanuary 15, 2016
Securities Fraud Judgment Is Automatically Nondischargeable, Circuit Says
Tenth Circuit slams securities fraudsters already nailed with default judgments.
10th CircuitJanuary 15, 2016
Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate
Foreclosing property not in the debtor's name sometimes can violate the automatic stay.
1st Circuit, New HampshireJanuary 14, 2016
New York’s ‘Loss Mitigation’ Program Survives One Lender Attack
SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.
2nd Circuit, New York, New York Southern DistrictJanuary 14, 2016
Committee Counsel Fees at 56% Are Ok in Delaware
Lender's plea of poverty falls on deaf ears in a sick Delaware case.
3rd Circuit, DelawareJanuary 14, 2016
How the Bankruptcy Code Determines the Winner of a Bar Fight
Getting punched out in a bar fight might not result in a nondischargeable debt.
6th CircuitJanuary 13, 2016
Fatally Defective Complaint Can Still Have ‘Related To’ Jurisdiction
Fifth Circuit warns about conflating jurisdiction and the merits.
5th CircuitJanuary 13, 2016
Guardian’s Fees Not Discharged in Father’s Bankruptcy
Indiana judge parts company with other courts in helping out a guardian ad litem.
7th Circuit, Indiana, Indiana Northern DistrictJanuary 12, 2016
Seventh Circuit Reverses District Court Again, Lowering Standard for ‘Inquiry Notice’
Posner pens a gem warning banks about ignoring signs of fraud.
7th Circuit