Fifth Circuit and Texas Supreme Court Part Company on Ponzi Fraudulent Transfers
Fifth Circuit reluctantly lets a trade supplier off the hook for a fraudulent transfer from a Ponzi scheme.
Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors
Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.
Equity Didn’t Help Broker Cheated Out of His Commission by Debtor
Bad result for a broker may have been avoided by raising other issues in the First Circuit.
Finality Governed by Resolution of All Issues in an Adversary Proceeding
Unusual facts permit no exception to rigid rules on appellate jurisdiction.
Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
Diverting Assets after Confirmation Does Not Give Rise to ‘Core’ Claims
A ‘profound impact’ on an estate does not by itself result in a ‘core’ claim.
Courts Divided on Contempt Sanctions as Automatically Nondischargeable
Showing intentional violation of court order isn’t enough for nondischargeability.
Violating the Automatic Stay Isn’t Contempt Without Intent
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.