Funds Transferred From a Client Trust Account Can Be “Property of the Debtor” That Is Subject to a Fraudulent Transfer Claim
By: Adam C.B. Lanza St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
News Topic: Bankruptcy Litigation
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Funds Transferred From a Client Trust Account Can Be “Property of the Debtor” That Is Subject to a Fraudulent Transfer Claim
By: Adam C.B. Lanza St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Liquidating Trustees Not Allowed to Wear Their “Non-Bankruptcy Hats” to Avoid Swap Transactions as Fraudulent Conveyances
By: Aura M. Gomez Lopez St. John’s University Law Student American Bankruptcy Law Review Staff ... Read full article
Ninth Circuit Creates New Standard to Determine Whether to Apply Judicial Estoppel
By: Joshua Nadelbach St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Second Circuit Announces the Standard for Determining Whether the Automatic Stay Applies to Non-Debtor Entities
By: Raff Ferraioli St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
State Court Judgments Not Preclusive in Dischargeability Proceedings
By: Kelly Porcelli St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
State Court Judgments Not Preclusive in Dischargeability Proceedings
By: Kelly Porcelli St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Reciprocal Duty of Good Faith Negotiations Under Chapter 9
By: John Boersma ... Read full article
Equity Won’t Save Your Tardy Filing Of a Nondischargeability Complaint
By: Aldo A. Caira III St. John’s Law Student ... Read full article
Assignee Can Stand in the Shoes of the Assignor and Assert the Original Assignor’s Reliance
By: Justin W. Curcio St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Fifth Circuit Declines to Enforce Mexican Plan of Reorganization and Devises New Framework for Foreign Debtor Relief
By: Maurizio Anglani St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
New York Courts Split on Jewel Unfinished Business Claims
By: Guillermo Martinez St. John’s Law Student American Bankruptcy Institute Law Review Staff Two recent New York District Court cases disagree whether the principle established in the famous California Jewel v. Boxer [1] case applies to hourly matters ... Read full article
Brunner Test Reexamined in Western District of New York
By: Shane Malone St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Court Focuses on Policy Rather Than Formality in Approving Key Employee Plans
By: Erin Dempsey St. John's Law Student ... Read full article
Exempt Assets May Be Surcharged to Remedy Debtor Misconduct
By: Elizabeth H. Shumejda St. John’s Law Student ... Read full article
Third Circuit Rejects Wait-and-See Valuation Approach and Accepts Lien Stripping in Section 506(a)
By: Andrew Richmond St. John’s Law Student ... Read full article
Can the Purchase of Groceries be “in Furtherance of a Ponzi Scheme?”
By: Gabriella B. Zahn St. John's Law Student ... Read full article
Fourth Circuit Preserves Absolute Priority Rule Despite Challenge Through BAPCPA
By: Andrew Serrao St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Bad Faith Constitutes “Cause” For Dismissal of a Bankruptcy Case
By: Kathleen Mullins St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Developing Consensus Among Delaware Bankruptcy Courts to Narrowly Construe Stern v. Marshall Concerning Avoidance Claims
By: Joseph P. Donnelly IV St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article