Fraud | ABI

Thursday, October 27, 2022

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Eleventh Circuit: § 547(c)(4) New Value Should Not Be Reduced by Post-Petition § 503(b)(9) Claims

The Bankruptcy Code includes nine defenses to a trustee’s ability to avoid a pre-petition transfer as a preference. One of those defenses — codified at 11 U.S.C. § 547(c)(4) — allows a creditor “who provides new value after receiving a preferential transfer [to] use that new value [1] to offset its preference liability.”[2] The defense — sometimes called the “subsequent new value” defense — is fairly easy to apply. Consider the following example:

Lessons in Reality: Five Ethical Takeaways from the Downfall of Girardi Keese

Thomas (“Tom”) Girardi, a former plaintiff’s attorney in Los Angeles, California, and the founder of the law firm Girardi & Keese (d/b/a Girardi Keese), was once known as the inspiration behind the film “Erin Brockovich” and for his high-profile representation of the families of victims of the Lion Air crash in 2018. Over the last two years, however, his career has served a different purpose — a case study in legal ethics.

Friday, October 21, 2022

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Business Reorganization

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Monday, October 17, 2022

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Fraud

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To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says

Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.

Court :

5th Circuit

Texas

Texas Eastern District

Thursday, September 29, 2022

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Claims

Bankruptcy Litigation

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Friday, September 23, 2022

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Fraud

Covid19

Labor/Employment

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Wednesday, September 21, 2022

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Fraud

Covid19

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Monday, September 19, 2022

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Fraud

Finance and Banking

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