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ABI Journal

February 10, 2017

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

February 09, 2017

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

February 03, 2017

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

January 27, 2017

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

November 29, 2016

Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.

November 14, 2016

Even aggregate information about asbestos claims cannot be used for lobbying.

November 08, 2016

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

October 27, 2016

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

October 18, 2016

Automatic stay nonetheless may preclude collecting judgment from estate property.

August 30, 2016

Ninth Circuit can split with the Second on bar to removal of suits under the ’33 Securities Act.