To Defeat Summary Judgment, an Affidavit Can’t Be Contradictory, Fifth Circuit Says
A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.
U.S. Trustee Moves to Transfer Venue of New J&J Case from Houston to New Jersey
The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.
Chapter 15 Automatic Stay Isn’t Effective Retroactively, Ninth Circuit Says
Alter ego claims belong to the creditor, not to the bankrupt estate.
The Time Has Come to Reconsider Whether Trustees Are Subject to In Pari Delicto
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
Fraudulent Transfer Suit Does Not Require Injury to Creditors, Circuit Says
A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.
Solvent Debtors in Chapter 11 Must Pay Make-Wholes, Third Circuit Says
The opinion by Circuit Judge Thomas Ambro reads Jevic as animating the solvent-debtor exception to the disallowance of unmatured interest.
A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says
The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.
Reports by Risk Management Association Admissible to Prove ‘Ordinary Course’ Defense
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
Sub V Trustee May Be Discharged When the Debtor Makes Plan Payments
Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.
Abandonment Usually Ends Section 1334(e)(1) Bankruptcy Jurisdiction, Circuit Says
For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.