Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
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Discretionary Bonuses Are Not Per Se Fraudulent Transfers
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
Judge Name - Do not use it.
Laurie Selber Silverstein
Journal Issue
Bankruptcy Code
Bankruptcy Rule
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
Judge Name - Do not use it.
Daniel P. Collins
Journal Issue
Bankruptcy Code
Bankruptcy Rule
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Judge Name - Do not use it.
Christopher S. Sontchi