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February 14, 2024

May a Trustee Attach a Preference Defendant’s Property Before Judgment?
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
9th Circuit, California, California Central District

January 25, 2024

Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says
The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.
5th Circuit

December 15, 2023

Earmarking Requires Dominion/Control and No Diminution of the Estate, Circuit Says
Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.
10th Circuit

October 12, 2023

Glomming On to an Entire Insurance Policy Can Be a Voidable Preference, Circuit Says
The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.
5th Circuit

September 05, 2023

Payments Were Preferences Even Though They Were Made with Insurance Proceeds
A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.
5th Circuit, Texas, Texas Southern District

August 25, 2023

Eighth Circuit Definitively Holds: Avoidance Actions Are Estate Property and Can Be Sold
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
8th Circuit

March 07, 2023

Revlon Says: Creditors Lack Standing to Assert Claims of ‘General Interest to the Estate’
A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.
2nd Circuit, New York, New York Southern District

January 23, 2023

Date of a Garnishment Order Doesn’t Matter for Preferences, Seventh Circuit Says
Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.
7th Circuit

December 14, 2022

Strict Rule Compliance Not Required for Serving a Complaint, Circuit Says
The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.
8th Circuit

September 21, 2022

Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
8th Circuit, Minnesota