Judge Bonapfel Sides with Fifth Circuit on ‘Equivalent Value’ in Ponzi Schemes
Innocent suppliers to Ponzi schemes are given protection from fraudulent transfer claims.
PROMESA Is No Clone of the Bankruptcy Code, First Circuit Says
On stay modification, secured creditors shoulder the entire burden.
Preference Law Held Not to Have Extraterritorial Application
New York’s Judge Bernstein delves into the splits on extraterritoriality.
New York District Judges Are Split on Drawing Inferences of Fraud from Executives
Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.
Circuit and District Courts Split on Maritime Liens in the Wake of Bankruptcy
O.W. Bunker bankruptcy tees up decisive Second Circuit rulings on liens for ‘necessaries.’
Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed
Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.
Salary Paid for Poor Performance Is No Fraudulent Transfer
Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.
Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions
A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.
On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds
Deadlines for direct appeal to the circuit are procedural, not jurisdictional.
Lease Rejection Cap Doesn’t Apply to Past-Due Rent Accrued Before Rejection
Ninth Circuit refuses to apply Section 506(b)(6) to all damages related to lease claims.