September 17, 2021
Properly structuring a leveraged refinancing in the Second Circuit can avoid attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
2nd Circuit, New York, New York Southern District
September 16, 2021
Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.
3rd Circuit
September 15, 2021
Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?
9th Circuit, Arizona
September 03, 2021
The Ninth Circuit leaves the door open for a bankruptcy court to sanction a misbehaving chapter 13 debtor before granting the debtor’s motion for voluntary dismissal.
9th Circuit
September 02, 2021
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, Delaware
September 01, 2021
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 Circuit
August 25, 2021
The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.
11th Circuit, Florida, Florida Middle District
August 23, 2021
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
6th Circuit
August 19, 2021
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
1st Circuit
