Rochelle's Daily Wire

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.

The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.

Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.

To settle with a trustee, a creditor is not required to volunteer damaging information.

Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.

The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.

Reliance on advice of counsel is not a complete defense to contempt citations.