544 | ABI

The circuits are now split 3/1, with the majority finding a waiver of sovereign immunity under Section 544(b)(1) for lawsuits by a trustee based on claims that an actual creditor could not have brought outside of bankruptcy.

Court :

10th Circuit

Avoidance Actions

Bankruptcy Code

Topics

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Property of the Estate

Bankruptcy Code

Topics

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BAP Gives Post-Petition Appreciation to Chapter 7 Estate on Conversion from Chapter 13

In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.

Court :

8th Circuit

Circuit Splits & Hot Topics with Bill Rochelle

Bankruptcy Code

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Preferences

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

International Insolvency

Puerto Rico

Small Business

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Recent Issues with Fraudulent Transfers and Preferences

Bankruptcy Code

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District Judge Reads the Safe Harbor Broadly to Immunize a Leveraged Buyout

Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.

Court :

7th Circuit

Indiana

Indiana Southern District