Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
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Release of a Subordinate Lien Held to Be ‘New Value’ for a Preference Defense
Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.
Journal Issue
Bankruptcy Code
Bankruptcy Rule
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits
Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.
Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds
On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.
Judge Name - Do not use it.
Diane P. Wood
Journal Issue
Bankruptcy Code
Bankruptcy Rule