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.
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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.
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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.
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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.
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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.”
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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.
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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.
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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.
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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.
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Eye on Bankruptcy Streaming Series
Complimentary ~ April 26 @ 1 PM ET
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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.
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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.
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Tracing Commingled Funds in Fraud Cases
There are several accepted methodologies that trustees and receivers can use to demonstrate tracing of commingled funds to quantify the specific amounts associated with the fraud.
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