To Sue a Subsequent Transferee, Proving a Fraudulent Transfer Isn’t Always Required A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee. Read more about To Sue a Subsequent Transferee, Proving a Fraudulent Transfer Isn’t Always Required
Proceedings for Contempt Discharge Held Not Subject to Arbitration Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings. Read more about Proceedings for Contempt Discharge Held Not Subject to Arbitration
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation. Judge Name - Do not use it. Erik P. Kimball Read more about Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement. Judge Name - Do not use it. Kathleen M. Williams Read more about Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
Order Approving an Option Held Non-Final and Non-Appealable Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal. Judge Name - Do not use it. Beth Bloom Read more about Order Approving an Option Held Non-Final and Non-Appealable
‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped. Judge Name - Do not use it. Roberta A. Colton Read more about ‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4). Judge Name - Do not use it. Robert A. Mark Read more about Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules Compensation for brain injury is a disability payment, not payment on a tort claim. Judge Name - Do not use it. John K. Olson Read more about Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7. Judge Name - Do not use it. Gonzalo P. Curiel, Laurel M. Isicoff Read more about Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context. Judge Name - Do not use it. Roberta A. Colton Read more about Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations