August 29, 2017

Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

August 28, 2017

Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery

Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.

9th Circuit

August 07, 2017

Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia

A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.

11th Circuit, Georgia, Georgia Northern District

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

June 05, 2017

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