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Rochelle's Daily Wire

May 30, 2019

Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.

May 17, 2019

Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.

April 5, 2019

Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.

March 15, 2019

Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.

March 1, 2019

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

February 27, 2019

Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.