January 27, 2017

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

2nd Circuit, New York, New York Southern District

January 24, 2017

Litigation Funding Could Be Champertous in Some States

Financing litigation is champertous if the lender exercises control.

4th Circuit, North Carolina, North Carolina Western District

January 23, 2017

Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity

Involuntary debtor wins on one equitable principle, only to lose on another.

6th Circuit

January 18, 2017

Courts Divided over Jury Trials for Breach of Post-Petition Contracts

Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.

10th Circuit, New Mexico

January 17, 2017

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

2nd Circuit, New York, New York Southern District

January 17, 2017

Supreme Court Hears Argument on Stale Claims and the FDCPA

Debtors have an uphill fight for the Supreme Court to ban the filing of stale claims.

Supreme Court

January 16, 2017

Judge Bonapfel Sides with Fifth Circuit on ‘Equivalent Value’ in Ponzi Schemes

Innocent suppliers to Ponzi schemes are given protection from fraudulent transfer claims.

11th Circuit, Georgia, Georgia Northern District

January 13, 2017

PROMESA Is No Clone of the Bankruptcy Code, First Circuit Says

On stay modification, secured creditors shoulder the entire burden.

1st Circuit

January 12, 2017

New York District Judges Are Split on Drawing Inferences of Fraud from Executives

Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.

2nd Circuit, New York, New York Southern District

January 10, 2017

Salary Paid for Poor Performance Is No Fraudulent Transfer

Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.

5th Circuit, Louisiana, Louisiana Eastern District