Fraud

Ninth Circuit Upholds the ‘Ponzi Scheme’ Presumption over a Dissent

A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.

Imputed Knowledge Kills the Good Faith Defense of a Subsequent Transferee, Circuit Says

Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.

Oct 2024

On Dec. 12, 2023, Hon. Michael E. Wiles of the U.S. Bankruptcy Court for the Southern District of New York (the “Chapter 15 Court”) denied a motion filed by creditor Sablon Partners Ltd. in the chapter 15 cases of Americanas S.A.

Judge Barnes Explained Why Bankruptcy Stays Don’t Require Personal Jurisdiction

Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.

Nov 2024