Practice and Procedure

Routine Withdrawals from a Bank Account Aren’t ‘Transfers,’ Eleventh Circuit Says

Receiver barred from bringing aiding and abetting claims if the company was dominated by fraudsters.

Court :

11th Circuit

Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees

The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.

Court :

Supreme Court

District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment

Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.

Court :

10th Circuit

Utah

Supreme Disappointments: The View from the Top of the Mountain

Sept 2020

Bankruptcy Code

11 U.S.C. § 544

Part VIII. Appeals To District Court Or Bankruptcy Appellate Panel

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Uniform Commercial Code/Article 9

COVID-19: A Catalyst of Modernization Across Jurisdictions

July 2020

Topic Tags

Certification

Court Administration

Practice and Procedure

Covid19

International Insolvency

Farmers in Chapter 12 Don’t Qualify for PPP ‘Loans,’ Milwaukee Judge Rules

A PPP ‘loan’ under the Cares Act isn’t a ‘grant,’ thus the government isn’t barred from discriminating against a bankrupt under Section 525(a).

Court :

7th Circuit

Wisconsin

Wisconsin Eastern District

Supreme Court Ducks Equitable Mootness and Third-Party Releases

The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.

Court :

Supreme Court