Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, BAP Says
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.
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Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
‘Triggering’ Creditor’s Claim Need Not Be Static Under Section 544(b)(1)
Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.
Puerto Rico Bondholders Lose Another Appeal in the First Circuit
The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.
Four-Year Statute of Limitations Can Stretch to at Least Seven Years, Judge Owens Says
The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.