June 15, 2018

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

10th Circuit

June 13, 2018

Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says

BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.

9th Circuit

May 30, 2018

Supreme Court Again Refuses to Define a ‘Transfer’ or an ‘Initial Transferee’

Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.

Supreme Court

January 05, 2018

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law

Venezuela let off the hook for expropriating assets.

3rd Circuit

October 10, 2017

In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability

Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.

9th Circuit

August 29, 2017

Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

July 27, 2017

Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination

Insiders were protected in making loans to a failing company.

7th Circuit, Illinois, Illinois Northern District

July 20, 2017

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

5th Circuit

July 11, 2017

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

9th Circuit

June 15, 2017

Bankruptcy Settlement Provided No Protection from Criminal Forfeiture

Criminal forfeiture and bankruptcy protect different interests, district judge says.

8th Circuit, Minnesota