The Fifth Circuit decided cases dealing with appellate procedure, exemptions, judicial estoppel, jurisdiction, sanctions, standing and surcharging collateral during the fourth quarter of 2015. A common theme among the cases is parties being disappointed ... Read full article
Many cases deal with debtors who fraudulently convey away their assets before filing bankruptcy. But what about the situation where the debtor is the victim of a fraudulent conveyance rather than the perpetrator? In Galaz v. Galaz (In re Galaz) , No. ... Read full article
U.S. District Court in San Francisco Image Courtesy of Ken Lund ... Read full article
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The case of a creditor who did not want to acknowledge that its debt had really and truly been paid received little sympathy from the Fifth Circuit which rejected a panoply of defenses and affirmed the Bankruptcy Court ruling that "The Senior Loan ... Read full article
The Summer 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the ... Read full article
The Winter 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has recently been released. The newsletter gives updates on current developments and trends in the ... Read full article
Bankruptcy and foreclosure lawyers everywhere have beenvitally interested in the fate of In re Salazar , 448 B.R. 814 (Bankr.S.D. Cal. ... Read full article
A recent unpublished decision by BankuptcyJudge Mann of the Southern District of California is a good quick resource for briefingdischargeability actions in her courtroom. In Whited v. Galindo, 2012 WL345942 (Feb. 1, 2012), S.D. Cal. Adv. No. ... Read full article
While the paparazzi followed every move of Anna Nicole Smith during her tragically shortened life, those of us of the legal paparazzi now stalk every new development in the case which bears her legal name, Stern v. Marshall . Some commentators have asked ... Read full article
While the paparazzi followed every move of Anna Nicole Smith during her tragically shortened life, those of us of the legal paparazzi now stalk every new development in the case which bears her legal name, Stern v. Marshall . Some commentators have asked ... Read full article
The Supreme Court issued a second opinion arising from the seemingly endless litigation over claims against the estate of the late Pierce Marshall (Anna Nicole’s elderly husband of one year before his death). In this 5-4 split opinion released yesterday ... Read full article
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In law school, students cope with concepts of subject matter jurisdiction, personal jurisdiction and stating a cause of action in civil procedure class. When they move on to bankruptcy class, they must try to make sense of the constitutionality of ... Read full article
