January 05, 2018

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law

Venezuela let off the hook for expropriating assets.

3rd Circuit

January 02, 2018

Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor

Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.

3rd Circuit, Delaware

December 27, 2017

The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit

Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’

2nd Circuit, New York, New York Southern District

December 13, 2017

Sixth Circuit Has Simple Requirement for a Debtor’s Claim to Survive Confirmation

If creditors want more information about a lawsuit to pursue after confirmation, they must ask for it.

6th Circuit

December 08, 2017

New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy

‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.

2nd Circuit, New York, New York Southern District

December 04, 2017

Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences

Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.

Supreme Court

November 29, 2017

Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs

Status of claims for overpayment of domestic support obligations begs for appellate review.

7th Circuit, Illinois, Illinois Northern District

November 24, 2017

Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

5th Circuit, Texas, Texas Southern District

November 22, 2017

Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic

Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.

10th Circuit

November 15, 2017

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

2nd Circuit, New York, New York Southern District