Poking at Preference Actions: SBRA Amendments Signal the Need for Change
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‘No Harm, No Foul’ Doesn’t Entitle a Debtor to a Discharge, BAP Says
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
Court:
Using a Casino’s ATM Makes the Casino the Initial Transferee, Not a ‘Mere Conduit’
New York judge gives casinos the responsibility for assuring that a gambler’s use of a corporate ATM card is not a fraudulent transfer.
Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
Small Business Reorganization Act of 2019
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New York Decision Shows that Merit Management Is a Dead Letter
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
Denial of a Claim Doesn’t Divest the Bankruptcy Court of Final Adjudicatory Power
More important law from Madoff: Filing a claim waives the right to a jury trial in district court even if the claim is denied or withdrawn, district judge rules.
Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees
The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.
Court:
Madoff Trustee Granted Another Direct Appeal to the Second Circuit
Overturning District Judge Rakoff a second time will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.
Court:
Solicitor General Sides with the Madoff Trustee on Suing Foreign Subsequent Transferees
Denying ‘cert’ will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.
Court: