August 01, 2017

Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order

Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.

9th Circuit

July 27, 2017

Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination

Insiders were protected in making loans to a failing company.

7th Circuit, Illinois, Illinois Northern District

July 20, 2017

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

5th Circuit

July 11, 2017

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

9th Circuit

June 15, 2017

Bankruptcy Settlement Provided No Protection from Criminal Forfeiture

Criminal forfeiture and bankruptcy protect different interests, district judge says.

8th Circuit, Minnesota

June 05, 2017

Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit

Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim

Madoff trustee racks up two victories in one day.

2nd Circuit, New York, New York Southern District

March 08, 2017

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

6th Circuit

February 28, 2017

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

9th Circuit

February 10, 2017

Sixth Circuit Pens Major Decision on Duty to Investigate Suspicions of Fraud

Madoff and Sixth Circuit have differing formulations about the ‘good faith’ defense for a recipient of a fraudulent transfer.

6th Circuit