June 10, 2016

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

8th Circuit, Minnesota

June 09, 2016

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

8th Circuit, Minnesota

June 02, 2016

Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.

8th Circuit, Minnesota

May 18, 2016

Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal

Can substantive consolidation eradicate a defendant’s affirmative defense?

8th Circuit

May 04, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit, Arkansas, Arkansas Eastern District

April 29, 2016

Eighth Circuit Ignores Supreme Court’s Loose Language in Harris

Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.

8th Circuit

March 21, 2016

An Inherited Home Can Be Covered by the Homestead Exemption

Exemptions are not always fixed on the date of filing.

8th Circuit, Minnesota

March 18, 2016

Judge Writes a Treatise on Provisional Overdrafts and Preferences

No debt, and thus no preference, arises until after the midnight deadline.

8th Circuit, Iowa, Iowa Northern District

March 14, 2016

Varying Standards on Informal Claims Beg for Resolution in the Supreme Court

Same facts on informal proofs of claim yield different results in different circuits.

8th Circuit, Minnesota

January 29, 2016

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

8th Circuit