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April 21, 2018

Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.
9th Circuit

April 18, 2018

Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability
The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.
Supreme Court

January 22, 2018

A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says
Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.
7th Circuit

January 15, 2018

Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term
High court to decide whether a false oral statement about one asset results in nondischargeability.
Supreme Court

January 10, 2018

No Statute of Limitations Bar from Asserting a New Theory of Recovery
If a preference theory fails, try fraudulent transfer.
7th Circuit, Illinois, Illinois Northern District

January 09, 2018

Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope
Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.
Supreme Court

January 05, 2018

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law
Venezuela let off the hook for expropriating assets.
3rd Circuit

January 03, 2018

Misrepresenting One Asset Is More Dangerous than Misrepresenting All Assets
Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.
Supreme Court

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