Madoff Trustee Defeats U.S. Appeals Court Challenge to His Authority
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Commercial Fraud
Second Circuit Protects a Madoff Conspirator Who Already Paid $7.2 Billion
Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.
Court:
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
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Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
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Supreme Court Again Refuses to Define a ‘Transfer’ or an ‘Initial Transferee’
Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.
Court:
“Fresh Start” Principles Defeat Mandatory Arbitration Clause
Journal Issue:
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Nondebtor Transfers Fall Outside the Scope of the Delaware UFTA
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Sixth Circuit Favors Subjective Test in Good-Faith Defense Analysis
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Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law
Venezuela let off the hook for expropriating assets.
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