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May 15, 2018

Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme
Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.
9th Circuit, California, California Northern District

May 09, 2018

A Fraudulent Transfer Complaint Doubles as an Exemption Objection
To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.
9th Circuit

May 07, 2018

Debtors Benefit When Trust Law Meets Bankruptcy Law
A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.
6th Circuit

April 21, 2018

Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
8th Circuit, Minnesota

April 20, 2018

Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says
Perplexing opinion may only apply to the status of assets before bankruptcy.
1st Circuit

April 12, 2018

Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Supreme Court

April 05, 2018

Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
2nd Circuit, New York, New York Eastern District

April 04, 2018

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Supreme Court

March 28, 2018

Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
2nd Circuit, New York, New York Southern District

March 07, 2018

California Supreme Court Kills the Jewel Doctrine on a Certified Question
Jewel has now been formally rejected in New York and California. Washington, D.C. is next.
9th Circuit, California