January 4, 2021
Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.
December 18, 2020
By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.
December 16, 2020
A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.
December 2, 2020
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
November 17, 2020
Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.
September 30, 2020
A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.
September 28, 2020
Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.
September 24, 2020
Ownership of a bank account isn’t enough by itself to make the account holder the initial transferee of a fraudulent transfer.
September 15, 2020
Even though the price and terms were ‘entirely fair,’ Bankruptcy Judge Garrity disapproved DIP financing that would have locked in the right of controlling shareholders to purchase new stock at a 20% discount.
September 11, 2020
Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.