Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue
Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
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Bankruptcy Code
May a Trustee Attach a Preference Defendant’s Property Before Judgment?
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says
The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.
Bankruptcy Code
Earmarking Requires Dominion/Control and No Diminution of the Estate, Circuit Says
Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.