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Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)
In re DBSI Inc., offers new precedent that swings the balance back toward debtors and general unsecured creditors at the expense of the IRS.
24:43Current State of Consumer Bankruptcy Law, Most Litigated Consumer Issues
ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group and Elizabeth Gunn of the Office of the Virginia Attorney General about their new consumer book.
21:15Approaches to Fraudulent-Transfer Litigation Involving Bitcoins
As wild fluctuations in cryptocurrency value invites a potential surge in bitcoin-related bankruptcies, we examines how to approach cryptocurrency in fraudulent-transfer fraudulent-transfer litigation
Medical Lien Mgmt, Inc. v. Dampier
The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units.
Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?
[...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”
Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term
High court to decide whether a false oral statement about one asset results in nondischargeability.
In re Haler
Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.
Kramer v. Mahia
The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.
Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases
The issue of nonconsensual third-party releases in chapter 11 plans continues to generate litigation.
Evans v. Otimo: Revisiting Issue Preclusion in the Second Circuit
Creditors contemplating discharge proceeding pursuant to § 523(a)(2)(A)’s fraud provision should be mindful of several potential pitfalls before assuming prior state judgment applies.
Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’
Justices search for a ruling that limits Section 546(e) but isn’t too broad.
What Can Enron and Adelphia Teach About Valuing Fraudulent Companies?
One of the components of the definition of “fair market value” is having reasonable knowledge of the relevant facts.
Circuit Court Split: The One-Day-Late Rule and Dischargeability of Tax Debt
Section 727(b) of the Bankruptcy Code provides for the discharge of debts that arose prior to the petition date.
Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery
Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.
Tracing Commingled Funds in Fraud Cases