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ABI Journal

February 23, 2022

Special Counsel with an Actual Conflict Faces Disgorgement of Fees in Delaware

Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.

3rd Circuit, Delaware

February 22, 2022

Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’

Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.

2nd Circuit, New York, New York Southern District

February 01, 2022

Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud

Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.

6th Circuit, Tennessee, Tennessee Western District

January 03, 2022

Opinion Finding Fraud Shows the Dangers in an Agreement to Finance Litigation

Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.

3rd Circuit, Delaware

September 02, 2021

Bankruptcy Courts Aren’t Prohibited from Entering Mareva Injunctions

The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.

3rd Circuit, Delaware

September 01, 2021

Second Circuit Revives $3.75 Billion in Lawsuits by the Madoff Trustee Against Financial Institutions

Reversing in favor of the Madoff trustee, the Second Circuit rules that inquiry notice, not willful blindness, governs the good faith defense by recipients of fraudulent transfers.

2nd Circuit

August 20, 2021

A Lender Is Entitled to Demand a Change in Management, Fifth Circuit Says

It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.

5th Circuit

July 13, 2021

IRA Withdrawals Aren’t Protected from Madoff Fraudulent Transfer Judgments

Madoff defendant socked with $280,000 in prejudgment interest for relitigating issues decided long ago.

2nd Circuit, New York, New York Southern District

March 30, 2021

General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt

The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.

11th Circuit

January 06, 2021

Ponzi-Schemer’s Assistant Liable Under UFTA Even Without Knowledge of Fraud

Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.

10th Circuit, Utah