December 06, 2016

New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit

Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.

2nd Circuit, New York, New York Western District

November 29, 2016

D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits

Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.

7th Circuit, Illinois, Illinois Northern District

November 08, 2016

Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

11th Circuit, Florida, Florida Northern District

November 04, 2016

Debtor May Not Benefit from His Own Fraudulent Transfer

Exemption cannot be claimed in a home recovered as a fraudulent transfer.

5th Circuit, Texas, Texas Southern District

September 14, 2016

Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds

Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.

9th Circuit

September 12, 2016

Releases Don’t Bind a Trustee Suing on a Creditor’s Claim under Section 544(b)

Trustee evaded a release by suing on an actual creditor’s claim under Section 544(b).

1st Circuit, Massachusetts

September 06, 2016

Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years

Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.

11th Circuit, Florida, Florida Southern District

August 25, 2016

Sixth Circuit Splits with the Second over the Wagoner Rule on Standing

Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.

6th Circuit

August 24, 2016

Fifth Circuit and Texas Supreme Court Part Company on Ponzi Fraudulent Transfers

Fifth Circuit reluctantly lets a trade supplier off the hook for a fraudulent transfer from a Ponzi scheme.

5th Circuit

August 12, 2016

Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says

Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules.

7th Circuit