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ABI Journal

July 12, 2019

Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.

June 04, 2019

Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.

May 30, 2019

Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.

May 17, 2019

Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.

April 05, 2019

Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.

March 15, 2019

Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.

March 01, 2019

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

February 27, 2019

Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.

February 25, 2019

Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’

February 07, 2019

Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.