Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.
The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.
The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.
New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.