A Dischargeability Complaint Filed Without Investigation Resulted in Sanctions
We focus on ethics two days in a row, given the recent disturbing events in Houston.
Lawyer Must Disclose a Client’s Misconduct, Even When It’s ‘Uncomfortable’
Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.
Properly Written, a Divorce Decree Doesn’t Create a Debtor/Creditor Relationship
A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
Judge Explains Why Tax Liens Are Subordinated to Domestic Support Obligations
Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.
Judge Goldblatt on the Imputation of Fraudulent Intent to a Delaware Corporation
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
A Debtor Can’t Assign Only Part of an Executory Contract, Fifth Circuit Says
Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.
It’s Ok for Lenders to ‘Manufacture’ a Favorable Venue, Delaware Judge Says
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
Judge Faris Explains Why a Hypothetical Chapter 7 Sale Isn’t Necessarily ‘FMV’
A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.
Filing Bankruptcy After Renewing a Title Loan Again Found Not to Be Bad Faith
Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.
Issue Preclusion Saddles Alex Jones with $1.2 Billion in Nondischargeable Debt
Bankruptcy Judge Christopher Lopez of Houston will hold trials that could result in more nondischargeable debt for Alex Jones.
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