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Claims

The Firestar Diamond Case Saga: Can a Claim Transferor that Received an Avoidable Transfer Wash Away Claim Disallowance Risk?

March 2025

Bankruptcy Code
502
Topic Tags
Claims
Bankruptcy Litigation
Business Reorganization

Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception

A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.

5th Circuit

A Transfer from the Debtor to a Constructive Trust Isn’t a Transfer of Debtor’s Property

If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.

3rd Circuit

Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal

Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.

5th Circuit

Betting on a Fresh Start? Gambling Debt Dischargeability in an Era of Online Sports Betting

March 2025

Bankruptcy Code
523
727
Topic Tags
Claims
Bankruptcy Litigation
Fraud
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Commercial Fraud

Fifth Circuit Bans Uptier Financings for Violating the Principle of Ratable Treatment

The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.

5th Circuit

A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says

To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.

7th Circuit
Wisconsin
Wisconsin Western District
Friday, January 3, 2025
Article Tags
Claims
Corporate Governance
Fraud
Finance and Banking
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Thursday, January 2, 2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Retail
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Thursday, January 2, 2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Finance and Banking
International Insolvency
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
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