October 13, 2020
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Supreme Court
October 07, 2020
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
10th Circuit, Colorado
October 06, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
1st Circuit
September 29, 2020
Insurance companies must nail down the treatment of performance bonds before plan confirmation.
5th Circuit, Louisiana
September 28, 2020
Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.
2nd Circuit
September 23, 2020
Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says
9th Circuit
September 22, 2020
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
10th Circuit
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
9th Circuit
September 16, 2020
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
3rd Circuit, Delaware
