September 20, 2021
The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.
September 17, 2021
Properly structuring a leveraged refinancing in the Second Circuit can avoid attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
September 1, 2021
Second Circuit Revives $3.75 Billion in Lawsuits by the Madoff Trustee Against Financial Institutions
Reversing in favor of the Madoff trustee, the Second Circuit rules that inquiry notice, not willful blindness, governs the good faith defense by recipients of fraudulent transfers.
July 2, 2021
In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.
June 24, 2021
Read Judge Grossman’s opinion as though it were a final exam question to see how many issues you spot and whether you come up with the correct answers.
March 30, 2021
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
March 16, 2021
Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.
February 15, 2021
Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.
February 4, 2021
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
January 6, 2021
Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.