June 05, 2017

Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim

Madoff trustee racks up two victories in one day.

2nd Circuit, New York, New York Southern District

Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit

February 09, 2017

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

4th Circuit, North Carolina, North Carolina Eastern District

January 27, 2017

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

2nd Circuit, New York, New York Southern District

November 29, 2016

D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits

Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.

7th Circuit, Illinois, Illinois Northern District

August 25, 2016

Sixth Circuit Splits with the Second over the Wagoner Rule on Standing

Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.

6th Circuit

June 10, 2016

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

8th Circuit, Minnesota

June 09, 2016

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

8th Circuit, Minnesota

June 03, 2016

Qui Tam Suits Are Exceptions from the Automatic Stay

Automatic stay is no safe harbor from suits under the False Claims Act.

11th Circuit, Florida, Florida Middle District

May 10, 2016

Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment

Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.

3rd Circuit