Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit
Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.
California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine
Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.
Seventh Circuit Broadly Protects Exemption for Annuities in Wisconsin
Annuity purchased 18 months before bankruptcy is exempt in Wisconsin.
Award of Attorneys’ Fees to the Government Is a Dischargeable Debt
Section 523(a)(7) interpreted narrowly in a fee-shifting dispute.
Ninth Circuit B.A.P. Classifies a Loan for Living Expenses as a Business Debt
Personal loan with a profit objective becomes a business debt.
Forward Contract Merchant Waived Ipso Facto Right to Terminate
Judge avoids tough decision on who is a ‘forward contract merchant.’
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.
Preference Rules Are the Same When Two Bankruptcies Collide
The Dreier Ponzi scheme, like Madoff, makes law on claims of defrauded creditors.
Dallas Judge Snubs Sam Wyly’s Attempt to Shelter His Home and Annuities
Sometimes, an annuity is not an annuity, regardless of what the documents say.
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.