Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
Creditors lack standing in Delaware and other states for derivative liability suits against officers and managers of LPs and LLCs.
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
Perfecting a consignment is easy, but failing to do so is disastrous.
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.
Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’
If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split.