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December 13, 2023

The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.

November 16, 2021

Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).

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.

December 26, 2019

Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.

July 25, 2019

Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.

June 20, 2019

Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.

March 22, 2019

New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.

August 27, 2018

Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.

June 29, 2018

Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.

March 27, 2018

The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.