Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
New York district judge agrees with the ABI Journal: Congress did not succeed in requiring trustees to file small-dollar avoidance actions in the defendant’s district.
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).