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November 15, 2019

The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.

November 12, 2019

Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.

September 30, 2019

Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.

September 27, 2019

District judge in Maine follows the Fifth Circuit by ruling that the post-petition sale of exempt property does not destroy the exempt status of the proceeds.

September 12, 2019

Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).

August 09, 2019

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

August 06, 2019

Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.

July 08, 2019

Like physics, bankruptcy searches for a unified theory to explain claims by and against the estate.

June 26, 2019

The logical court to challenge the constitutionality of PROMESA isn’t the PROMESA court itself.

May 01, 2019

Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.