A recent concurring opinion from a Tenth Circuit decision highlighted the importance of careful pleading in bankruptcy court to ensure a creditor’s prudential standing on appeal.

In Slovak Republic v.
Continue Reading Tenth Circuit Concurrence Highlights the Importance of Careful Pleadings in Demonstrating Prudential Standing

In PAH Litigation Trust v. Water Street Healthcare Partners, LP (In re Physiotherapy Holdings, Inc.), Case No. 13-12965 (KG), Adv. No. 15-51238 (KG), 2017 WL 5054308 (Bankr. D. Del. Nov.
Continue Reading Recovery in Fraudulent Transfer Litigation in Delaware Bankruptcy Court is Not Capped by the Amount of Creditor Claims

On March 5, 2018, the Supreme Court issued an opinion in U.S. Bank Nat’l Ass’n v. Village at Lakeridge, LLC, which addressed a single question: Whether the Ninth Circuit
Continue Reading Supreme Court’s Recent Ruling in Lakeridge Provides Little Guidance on Evaluating Creditors as Non-Statutory Insiders