na Cases
December 14, 2023
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
December 13, 2023
The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.
November 27, 2023
The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.
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.
October 16, 2023
As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).
October 12, 2023
The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.
October 11, 2023
A bankruptcy judge in New York was deferential to foreign liquidators using chapter 15 to extinguish a lawsuit in the U.S. that they saw as a nuisance.
September 29, 2023
A district judge in New York reversed the bankruptcy court, which had held that a Kuwaiti public pension fund was not entitled to sovereign immunity for having engaged in commercial activity.
September 8, 2023
Court’s inherent authority to sanction allows coercive contempt sanctions where rules and statutes are not up to the task.
September 5, 2023
A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.