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Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes

Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.

Court :

Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer

Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.

Court :

LLC Bankruptcies

Bankruptcy Code

Topics

Corporate Governance

Business Reorganization

Discretionary Bonuses Are Not Per Se Fraudulent Transfers

Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.

Court :

Secured Creditor Issues

Bankruptcy Code

Topics

Creditors' Committee

Bankruptcy Litigation

Bankruptcy Code

Topics

Bankruptcy Litigation

Views from the Bench (Credit & Bankruptcy Symposium 2019): Part I

Bankruptcy Code

Topics

Corporate Governance

Plan Confirmation

Business Reorganization

Courts Divided on Venue for Small-Dollar Avoidance Actions

Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.

Court :

Let’s Talk Student Loans (but Not Undue Hardship): Other Solutions to Help Your Clients and Get You Paid

Bankruptcy Code

Topics

Consumer Bankruptcy

Discharge/Dischargeability

Pre-Bankruptcy Planning in the Consumer Case

Bankruptcy Code

Topics

Consumer Bankruptcy

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