The Eleventh Circuit sided with the Third Circuit in finding that a creditor’s administrative claim under 11 U.S.C. § 503(b)(9) does not offset its new value defense pursuant to 11
Continue Reading Court Pulls Carpet Out from Under Trustee’s Preference Claim
Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent Transfers Under Section 548 – a Case Study Regarding Application of Supreme Court’s BFP Factors to State Tax Sale Statutes
The United States Supreme Court held in BFP v. Resolution Trust, that properties sold at “force-sale” mortgage foreclosure sales properly conducted pursuant to a state’s foreclosure statute are presumed
Continue Reading Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent Transfers Under Section 548 – a Case Study Regarding Application of Supreme Court’s BFP Factors to State Tax Sale Statutes
JEVIC OPINION ILLUSTRATES THE IMPORTANCE OF LANGUAGE USED IN ORDERS
The In re Jevic Holding Corp. chapter 11 case continues to make news. The case is likely best remembered for the 2017 Supreme Court decision holding that the distribution scheme
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Second Circuit Finds Madoff Trustee can seek to Clawback Billions in Funds Transferred Abroad
Earlier this week, the U.S. Court of Appeals for the Second Circuit revived 88 fraudulent transfer cases that were consolidated on appeal. In those actions, the trustee for the Liquidation
Continue Reading Second Circuit Finds Madoff Trustee can seek to Clawback Billions in Funds Transferred Abroad
Alert: Liquidation Trustee Awarded $17 Million Against Former CEO and Others
In a suit by the trustee of the liquidation trust of Green Field Energy Services, a defunct oil services business, against the debtor’s former CEO and others, the U.S. Bankruptcy
Continue Reading Alert: Liquidation Trustee Awarded $17 Million Against Former CEO and Others
Trustee of Duane Martin and Tisha Martin Campbell’s Chapter 7 Case Brings Suit to Recover Property subject to Loan from Will & Jada Pinkett Smith’s Company
In entertainment and bankruptcy news, the chapter 7 trustee for the bankruptcy filed by former celebrity couple Duane Daniel Martin and Tisha Martin Campbell (the “Debtors”), brought suit against Roxe,
Continue Reading Trustee of Duane Martin and Tisha Martin Campbell’s Chapter 7 Case Brings Suit to Recover Property subject to Loan from Will & Jada Pinkett Smith’s Company
Bankruptcy Court Grants Motion To Dismiss Based Upon Affirmative Defense
Michael Temin writes:
When deciding a motion to dismiss a complaint pursuant to Federal R. Bankr. 7008, which incorporates Rule 12(b)(6), a court must accept all factual allegations in the
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Ninth Circuit Clarifies Point Center Decision — To Preserve Right to Appeal, there Must be Evidence in the Bankruptcy Record That Appellant was Appearing, Objecting or Represented
An opinion issued yesterday by the U.S. Court of Appeals for the Ninth Circuit reiterates the importance of filing written objections and appearing in the Bankruptcy Court to preserve rights
Continue Reading Ninth Circuit Clarifies Point Center Decision — To Preserve Right to Appeal, there Must be Evidence in the Bankruptcy Record That Appellant was Appearing, Objecting or Represented
For Fraudulent Transfer Statute of Limitations, Transfer of Real Property Occurred upon Recording of Deed, not Execution
A recently issued opinion by the U. S Bankruptcy Court for the District of New Mexico provides some guidance on the relevant date for the transfer of real property for
Continue Reading For Fraudulent Transfer Statute of Limitations, Transfer of Real Property Occurred upon Recording of Deed, not Execution
Hawaii Bankruptcy Appeal Serves as a Reminder on Preferential Transfers
In an appeal from the U.S. Bankruptcy Court for the District of Hawaii, the U.S. District Court for the District of Hawaii determined when the date of the transfer occurred
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