April 24, 2020
‘Triggering’ Creditor’s Claim Need Not Be Static Under Section 544(b)(1)
Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.
5th Circuit, Texas, Texas Northern DistrictApril 22, 2020
‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board
District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.
1st Circuit, Puerto RicoApril 21, 2020
Justices Postpone Argument in Fulton until the Supreme Court’s Next Term
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
Supreme CourtApril 21, 2020
As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
10th Circuit, ColoradoApril 20, 2020
Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
9th CircuitApril 15, 2020
Solicitor General Sides with the Madoff Trustee on Suing Foreign Subsequent Transferees
Denying ‘cert’ will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.
2nd CircuitApril 14, 2020
Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA
A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.
2nd Circuit, New York, New York Eastern DistrictApril 10, 2020
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.
10th Circuit, UtahApril 09, 2020
Suit by Foreign Liquidators Was Remanded to State Court
Delaware district judge permits remand when the suit was subject to mandatory abstention.
3rd Circuit, DelawareApril 07, 2020
Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
10th Circuit, Colorado