April 27, 2016

Madoff Trustee Nearing His First Judgment after Seven Years of Litigation

Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.

2nd Circuit, New York, New York Southern District

April 07, 2016

Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern

Posner chides bankruptcy judge for reluctance to enter money judgment.

7th Circuit

March 17, 2016

Madoff Investor’s Suspicion of Fraud Does Not Generate Greater Liability

The right paper trail helps avoid liability for profiting from a Ponzi scheme.

2nd Circuit, New York, New York Southern District

March 04, 2016

Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors

Creditor can sue when a chapter 13 trustee won’t or can’t.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

March 02, 2016

Supreme Court Argument Pits Notions of Equity Against Statutory Construction

Ghost of Justice Scalia haunts the high court in a statutory construction case.

Supreme Court

February 24, 2016

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.

9th Circuit, Montana

January 22, 2016

Sale of Delinquent Tax Certificates Leads to Fraudulent Transfer, Seventh Circuit Says

Seventh Circuit upsets Illinois system for collecting delinquent real estate taxes

7th Circuit

Third Circuit Pens a Treatise on Burden of Production

Third Circuit decision written by no Third Circuit judges

3rd Circuit

January 12, 2016

Seventh Circuit Reverses District Court Again, Lowering Standard for ‘Inquiry Notice’

Posner pens a gem warning banks about ignoring signs of fraud.

7th Circuit

Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer

Ninth Circuit gets it right on life insurance policies being property of the estate.

9th Circuit