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ABI Journal

January 19, 2016

Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition

Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing.

2nd Circuit, New York, New York Southern District

January 15, 2016

No ‘Innocent Insider’ Exception to In Pari Delicto in New York, Judge Holds

New York becomes even more inhospitable to trustees facing in pari delicto defense.

2nd Circuit, New York, New York Southern District

January 15, 2016

Madoff ‘Net Equity’ Method Was Properly Applied to Inter-Account Transfers

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

2nd Circuit, New York, New York Southern District

January 12, 2016

Seventh Circuit Reverses District Court Again, Lowering Standard for ‘Inquiry Notice’

Posner pens a gem warning banks about ignoring signs of fraud.

7th Circuit

January 11, 2016

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit

January 08, 2016

District Judge Packs Off New GM to the First Ignition Switch Trial in Oklahoma

New GM and ignition switch plaintiffs play high-stakes poker in federal court.

2nd Circuit, New York, New York Southern District

January 06, 2016

SEC Can Freeze Assets Without Violating the Automatic Stay, Circuit Holds

Bankruptcy failed to insulate the Wyly brothers from an SEC asset freeze.

2nd Circuit