8th Circuit | ABI

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

Court :

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

Court :

Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.

Court :

Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal

Can substantive consolidation eradicate a defendant’s affirmative defense?

Court :

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

Court :

Arkansas Eastern District

Eighth Circuit Ignores Supreme Court’s Loose Language in Harris

Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.

Court :

An Inherited Home Can Be Covered by the Homestead Exemption

Exemptions are not always fixed on the date of filing.

Court :

Judge Writes a Treatise on Provisional Overdrafts and Preferences

No debt, and thus no preference, arises until after the midnight deadline.

Court :

Iowa Northern District

Varying Standards on Informal Claims Beg for Resolution in the Supreme Court

Same facts on informal proofs of claim yield different results in different circuits.

Court :

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

Court :

Subscribe to %1