February 03, 2023
Delaware Judge Says When Prejudgment Asset Freezes Are Ok Under Grupo Mexicano
If you want a prejudgment asset freeze, ask for equitable relief and the recovery of specific property, Judge Goldblatt says.
3rd Circuit, DelawareDecember 08, 2022
Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
Supreme CourtNovember 11, 2022
No Interlocutory Appeal from Madoff Rulings on Suits Against Feeder Fund Customers
Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.
2nd Circuit, New York, New York Southern DistrictNovember 01, 2022
Madoff Fraud Makes More Law: The Safe Harbor’s Application to Foreign Liquidators
District judge holds that the safe harbor in Section 546(e) applies to lawsuits by foreign liquidators aiming to avoid transactions abroad under foreign law.
2nd Circuit, New YorkOctober 03, 2022
To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
5th Circuit, Texas, Texas Eastern DistrictJuly 27, 2022
No De Novo Review of Discovery Sanctions After the Reference Is Withdrawn
An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.
8th Circuit, MinnesotaJuly 19, 2022
Corporate Officer Has a Nondischargeable Debt from the Company’s Fraud
Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.
10th CircuitMay 17, 2022
Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
11th Circuit, Florida, Florida Southern DistrictMay 06, 2022
It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says
To settle with a trustee, a creditor is not required to volunteer damaging information.
9th Circuit, MontanaApril 19, 2022
Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
10th Circuit, Colorado