Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
Court:
A Transfer from the Debtor to a Constructive Trust Isn’t a Transfer of Debtor’s Property
If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.
Court:
Serta Simmons Debt Restructuring Struck Down by Appeals Court
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Sweden’s Intrum Beats Bondholder Challenge to U.S. Bankruptcy Filing
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Texas Pool Company’s Bankruptcy Could Leave Hundreds of Customers’ Warranties in the Lurch
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Big Lots’ New Rescue Deal at Risk Following Creditor Opposition
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Judicial Scandal Surfaces in Fight over Bankruptcy of JC Penney
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Court Allows January 6 Closure of Sharon Regional Medical Center
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Delaware Judge Writes a Treatise for Avoiding WARN Act Liability
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
Court: