December 13, 2023
The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.
November 16, 2021
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
8th Circuit , Minnesota ,
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.
December 26, 2019
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
July 25, 2019
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
June 20, 2019
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
March 22, 2019
New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.
New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.