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 25, 2020
Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.
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 22, 2020
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
September 21, 2020
The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
September 14, 2020
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
September 8, 2020
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?
September 3, 2020
Language in the documents prevented trusts from dissolving automatically when the trustee missed a deadline for extending the duration of the trusts, Judge Isgur said.
September 2, 2020
The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.