June 11, 2019
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
June 10, 2019
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
June 7, 2019
BAP says the Tenth Circuit adopts legal fictions to create preferences.
June 6, 2019
Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’
June 5, 2019
Allegedly repudiating U.S. dollar obligations won’t preclude a finding of property in the U.S., Judge Lane rules.
June 4, 2019
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
June 3, 2019
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
June 3, 2019
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
May 31, 2019
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
May 30, 2019
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.