Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Some justices are critical of the existing test for ruling on non-statutory insider status.
Intermediate transfers to financial institutions do not trigger the safe harbor.
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
High court to decide whether a false oral statement about one asset results in nondischargeability.
Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.
Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.
Professors and former judges urge Supreme Court to review Sunnyslope.
Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.
There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.
