Bankruptcy Litigation

In Setting Aside a Tax-Lien Foreclosure, a Hypothetical Gave Standing to the Debtor

If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?

There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders

When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.

Like 18th Century England, There’s No Jury Trial Right for Stay Violations

Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.

Reevaluating § 1104(c)(2): The Need for Modernization and Discretion

July 2025

Taxation Without Representation? Due Process and Limits on Revocation of the S-Corp Election for Chapter 7 Debtors

July 2025

Enforceability of Pre-Petition Agreements in Bankruptcy

July 2025

Second Circuit Chooses the Billing-Date Approach for Post-Petition Rent

July 2025

Litigation Funding

The Illusion of Advocacy: Creditor Committees and Divergent Interests in Complex Chapter 11 Cases

July 2025

Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint

The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.