November 15, 2019
The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.
November 13, 2019
Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.
November 12, 2019
Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.
November 5, 2019
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
November 1, 2019
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
October 23, 2019
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
October 15, 2019
Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.
October 1, 2019
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
September 26, 2019
W.R. Grace makes more law on channeling injunctions.