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Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor

Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.

Judge Name - Do not use it.

Leonard P. Stark

The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit

Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’

Judge Name - Do not use it.

Stuart M. Bernstein

Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS

Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).

Courts Shifting to Say Corporate ‘S’ Status Is Not Property

Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.

Judge Name - Do not use it.

Kevin R. Huennekens

Bankruptcy Code

Topics

Consumer Bankruptcy

Bankruptcy Code

Topics

Bankruptcy Litigation

Commercial Fraud

Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

Justices search for a ruling that limits Section 546(e) but isn’t too broad.

Judge Name - Do not use it.

Supreme Court

Bankruptcy Code

Topics

Consumer Bankruptcy

Bankruptcy Code

Topics

Consumer Bankruptcy

Bankruptcy Code

Topics

Consumer Bankruptcy

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