541

Fraud, Forensics and Defenses

Lien on Me

The Importance of Direct vs. Derivative Claims in Bankruptcy

BAPCPA Turns 20

In Pari Delicto Defense Doesn’t Apply to a Trustee Exercising Avoidance Powers

Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.

An Overview of D&O Insurance and Its Applicability in Bankruptcies

June 2025

REIT Restructurings

Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions

Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).

Avoidance Actions Update

Dazed and Confused: Circuit Splits Regarding Retirement Contributions in Chapter 13 Cases

March 2025