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, DelawareFebruary 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 DistrictFebruary 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 DistrictJanuary 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, DelawareSeptember 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, DelawareSeptember 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 CircuitAugust 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 CircuitJuly 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 DistrictMarch 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 CircuitJanuary 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