November 27, 2020
The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
9th CircuitNovember 25, 2020
Pursuing Appointment as a Future Claims Representative Isn’t Compensable in Delaware
Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.
3rd Circuit, DelawareNovember 24, 2020
The Circuits Are Split: Are Referral Fees Paid by a Ponzi Scheme Avoidable?
Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.
10th Circuit, UtahNovember 23, 2020
Removing a Beneficiary of a Revocable Trust Isn’t a Fraudulent Transfer
An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.
9th Circuit, California, California Central DistrictNovember 20, 2020
Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictNovember 19, 2020
Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?
Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.
11th Circuit, Georgia, Georgia Northern DistrictNovember 18, 2020
Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes
Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.
10th Circuit, New MexicoNovember 17, 2020
Courts Split on Paying Chapter 13 Trustee Fees in Cases Dismissed Before Confirmation
Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.
2nd Circuit, New York, New York Eastern DistrictNovember 16, 2020
‘Lifetime’ Club Memberships May Not Survive Bankruptcy
Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.
3rd Circuit, New JerseyNovember 13, 2020
An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V
To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’
11th Circuit, Georgia, Georgia Northern District