D.C. Circuit Has Strict Rules for Constitutional Standing in FDCPA Suits An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases. Read more about D.C. Circuit Has Strict Rules for Constitutional Standing in FDCPA Suits
Last Week, the Government Went 2 for 3 in Defeating Debtor’s Demands for PPP Loans Courts are divided on whether PPP litigation is ‘core’ or not. Read more about Last Week, the Government Went 2 for 3 in Defeating Debtor’s Demands for PPP Loans
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. Read more about Routine Withdrawals from a Bank Account Aren’t ‘Transfers,’ Eleventh Circuit Says
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. Read more about Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees
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. Read more about District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment
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). Read more about Farmers in Chapter 12 Don’t Qualify for PPP ‘Loans,’ Milwaukee Judge Rules