Circuits Split on Objective vs. Subjective Value for Fraudulent Transfer Consideration
Eleventh Circuit goes ‘objective’ while Fifth Circuit remains ‘subjective’ on value for constructive fraudulent transfers.
Court:
America's Only Rare Earth Mine Is Stuck in a Distressed Debt Dispute
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Substituting Trustee as Plaintiff Is Not a Final Order, Second Circuit Says
Dismissing the debtor as plaintiff is not a final order when the trustee is substituted.
Court:
Aquion Energy Assets Likely to be Exiting Pennsylvania after Auction
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Honeywell Seeks Info From Bankruptcy Trust; Asbestos Firm, Trustee Object
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Split Sixth Circuit Bars Litigation Trustees from Suing on D&O Policies
Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.
Court:
Payless Settles Creditor Dispute over Dividends
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Sanford Capital Tenants Question Possible Sale of Their Home
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U.S. Trustee Objects to Bankruptcy Sales Effort by Ignite
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