Practice and Procedure

As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue

A judge sitting in a proper venue may transfer venue to a district that was improper originally.

Trial Skills: Valuation Hearings

District Judge Reads the Safe Harbor Broadly to Immunize a Leveraged Buyout

Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.

Unique Issues in University Cases

July 2023

Chapter 11 Restructurings of Latin American Energy Companies

July 2023

Section 546(g)'s Safe Harbor Doesn’t Apply in an Assignment for the Benefit of Creditors

A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.

‘Person Aggrieved’ Isn’t the Proper Standard for Bankruptcy Appeals, Circuit Says

Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.

The Consumer Bankruptcy Reform Act: The Uncoupling of Debts

July 2023