Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.
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.
Courts are divided on whether the district court loses jurisdiction to stay proceedings in bankruptcy court after the filing of a notice of appeal.
Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.
Saying she is in the minority in her district, a new Delaware judge ruled that allowing creditors to opt out won’t permit a plan to impose nonconsensual, third-party releases.
Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.
W.R. Grace makes more law on channeling injunctions.
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.