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Practice and Procedure

Substituting a Trustee as the Party in Interest Isn’t Amending the Complaint

Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.

6th Circuit
Michigan
Michigan Eastern District

Fraudulent Transfer Law Doesn’t Victimize Innocent Parties, Judge Wiles Says

Ownership of a bank account isn’t enough by itself to make the account holder the initial transferee of a fraudulent transfer.

2nd Circuit
New York
New York Southern District

‘No Harm, No Foul’ Doesn’t Entitle a Debtor to a Discharge, BAP Says

Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.

10th Circuit

Why Derivative Standing Might Be Inappropriate in Chapter 7 Cases

Nov 2020

Bankruptcy Code
105
the Debtor and the Estate›Subchapter II - Debtor's Duties and Benefits›522
727
1103
1109
Topic Tags
Bankruptcy Litigation
Practice and Procedure

Michigan Judge Prefers Dismissal if Conversion Won’t Benefit Unsecured Creditors

The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.

6th Circuit
Michigan
Michigan Western District

Virtual Hearings Might Be New, but Your Evidence Must Still Be Correct

Nov 2020

Topic Tags
Bankruptcy Litigation
Court Administration
Practice and Procedure

Understanding Standing: Statutory Authority Made Simple

Nov 2020

Bankruptcy Code
1109
Topic Tags
Bankruptcy Litigation
Practice and Procedure

Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard

Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.

9th Circuit

University Medical Unscathed After Denby-Peterson, Delaware District Judge Says

The government lost a winnable appeal by failing to present evidence in bankruptcy court.

3rd Circuit
Delaware

Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

9th Circuit
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