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December 17, 2018

Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers
Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!
2nd Circuit, New York, New York Southern District

December 11, 2018

Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
10th Circuit

December 07, 2018

A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631
Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’
3rd Circuit

November 30, 2018

Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
6th Circuit

November 26, 2018

Second Circuit Seems Primed to Give Extraterritorial Effect to Avoiding Powers
A reversal in the Second Circuit would mean that trustees can recover from subsequent recipients of fraudulent transfers, even if the subsequent transfers were made abroad.
2nd Circuit

November 21, 2018

Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says
Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.
4th Circuit

November 20, 2018

Order Approving an Option Held Non-Final and Non-Appealable
Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.
11th Circuit, Florida, Florida Southern District

November 16, 2018

Which Venue Transfer Statute Applies to Non-Core Suits in District Court?
Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.
5th Circuit, Texas, Texas Northern District

November 14, 2018

New York Judge Dismisses an Involuntary Petition Against a CDO
Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.
2nd Circuit, New York, New York Southern District

November 09, 2018

‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
11th Circuit, Florida, Florida Middle District