A Firm Cannot Represent Someone In a Dispute With Firm’s Former Client
By: Juliana Toes
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
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A Trustee May Not Recover an Actual Fraudulent Transfer Claim if the Funds are Returned to the Debtor Pre-Petition
By: Carina Zupa
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Court Must Balance Chapter 11 Trustee’s Rule 2004 Discovery Request Against Cost to Creditor
By: Patrick O’Connor
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
A Debtor Who Intentionally Makes the Court a Party to a Fraudulent Scheme Has Perpetrated a “Fraud on the Court”
By: Stephen Van Doran
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Use of Conflicts Counsel Will Not Overcome an Actual Conflict of Interest
By: Stephanie Kenn
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Adversary Proceeding Not Required for Bankruptcy Courts to Determine Lien Status
By: Justin Korenblatt
St John’s Law Student
American Bankruptcy Institute Law Review Staff
Ipso Facto Contract Provision Not Enforced
By: Kayla Martin
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Proof of Claim Disallowed Because of a Lack of Evidentiary Support
By: Madeline Mallo
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Limiting the Extraterritorial Reach to a Civil RICO Claim May Encourage Using Bankruptcy as a Sword Rather than a Shield
By: Amanda M. Schaefer
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Gap Period Claim Not Allowed Because of Force Majeure Clause
By: Daniel Ishoo
St. John’s Law Student
American Bankruptcy Institute Law Review Staff