November 14, 2023
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.
November 13, 2023
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
November 10, 2023
Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.
November 9, 2023
The Madoff case makes more law: A claim against a bankrupt estate can’t be set off against liability for receipt of a fraudulent transfer because one arose before bankruptcy and the other arose after.
November 8, 2023
We focus on ethics two days in a row, given the recent disturbing events in Houston.
November 7, 2023
Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.
November 6, 2023
A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
November 3, 2023
Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.
November 2, 2023
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
November 1, 2023
Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.