New York Bankruptcy Judge Declines to Follow Enron Decision by SDNY District Judge
Claims traders are put on notice: Purchasing a claim doesn’t insulate the buyer from disallowance under Section 502(d).
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‘Triggering’ Creditor’s Claim Need Not Be Static Under Section 544(b)(1)
Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.
Madoff Victims Will Soon Get Another $378 Million From U.S. Fund
Thousands of victims of Bernard Madoff’s Ponzi scheme are due to get checks totaling $378 million from a U.S. Justice Department fund created years ago through settlements with some of the con man’s oldest customers and his bank, JPMorgan Chase & Co., Bloomberg News reported. The distribution from the Madoff Victim Fund will bring total government payouts in the case to more than $2.7 billion for almost 38,000 investors across the globe, the Justice Department said yesterday. That’s almost 74 percent of their claimed losses, the U.S. said. The fund — which will eventually return more than $4 billion to victims — is separate from the repayment process being overseen by a trustee in federal bankruptcy court in Manhattan, according to the statement. Madoff’s investors lost about $20 billion in principal and more than $40 billion in fake profit when his securities firm collapsed in 2008. He's serving a 150-year sentence in North Carolina after pleading guilty to fraud.
Cashier’s Checks and Ordinary Checks Are Treated the Same Under Barnhill
The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.
Solicitor General Sides with the Madoff Trustee on Suing Foreign Subsequent Transferees
Denying ‘cert’ will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.
Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
Puerto Rico Bondholders Lose Another Appeal in the First Circuit
The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.
Ninth Circuit Creates a Legal Fiction to Uphold Recovery of an Unauthorized Transfer
Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
Lawyer for Madoff Customer Slapped with $57,347 Discovery Sanction
Calling the Madoff trustee a liar and basing a discovery motion on facts known to be false resulted in sanctions under Rule 37(a)(5)(B).