Practice and Procedure

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Thursday, September 9, 2021

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Another Circuit Holds that Dismissal Is Mandatory Under Section 1307(b)

The Ninth Circuit leaves the door open for a bankruptcy court to sanction a misbehaving chapter 13 debtor before granting the debtor’s motion for voluntary dismissal.

Court :

9th Circuit

Bankruptcy Courts Aren’t Prohibited from Entering Mareva Injunctions

The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.

Court :

3rd Circuit

Delaware

Second Circuit Revives $3.75 Billion in Lawsuits by the Madoff Trustee Against Financial Institutions

Reversing in favor of the Madoff trustee, the Second Circuit rules that inquiry notice, not willful blindness, governs the good faith defense by recipients of fraudulent transfers.

Court :

2nd Circuit