March 2018
Circuits are split on requiring a judgment before suing a subsequent transferee.
Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.