November 1, 2022
District judge holds that the safe harbor in Section 546(e) applies to lawsuits by foreign liquidators aiming to avoid transactions abroad under foreign law.
2nd Circuit , New York ,
October 26, 2022
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
October 14, 2022
Once the debtor loses the right to do business, taking customers for no consideration isn’t a fraudulent transfer, Judge Isgur holds.
October 3, 2022
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
September 23, 2022
The appeals court rules that the Madoff trustee is entitled to summary judgment together with prejudgment interest at 4%.
September 9, 2022
Although a stock purchase and a loan payoff were only one month apart, the two transactions lacked a sufficient nexus to invoke the safe harbor, Bankruptcy Judge James Carr said.
August 26, 2022
The Tenth Circuit dealt with the thorny question of which expenses paid by a Ponzi-schemer are fraudulent transfers.
August 3, 2022
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
August 2, 2022
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).
10th Circuit , Kansas ,
June 9, 2022
Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.