Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Judge Name - Do not use it.
Thomas P. Agresti
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Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
Judge Name - Do not use it.
Thomas M. Durkin
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
Judge Name - Do not use it.
Stephen A. Higginson
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
Judge Name - Do not use it.
Mary M. Schroeder
Bankruptcy Settlement Provided No Protection from Criminal Forfeiture
Criminal forfeiture and bankruptcy protect different interests, district judge says.
Judge Name - Do not use it.
Richard H. Kyle
Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim
Madoff trustee racks up two victories in one day.
Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says
Madoff trustee’s newest appellate victory again disregards fictitious profits.
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Bankruptcy Code
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