The Supreme Court on Feb. 27 ruled in Merit Management Group, LP v. FTI Consulting, Inc. (16-784) that the only relevant transfer for purposes of the §546(e) safe harbor is the transfer that the trustee seeks to avoid. ABI Editor-at-Large Bill Rochelle talks with Prof. Bruce Markell of the Northwestern Pritzker School of Law and Prof. Ralph Brubaker of the University of Illinois College of Law about their perspectives on the impact of the Supreme Court's ruling.
Approaches to Fraudulent-Transfer Litigation Involving Bitcoins
As wild fluctuations in cryptocurrency value invites a potential surge in bitcoin-related bankruptcies, we ...
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Privacy Protection and Data Security in Health Care-Related Bankruptcies
Among the most important considerations in any bankruptcy case, protecting privacy and safeguarding data becomes exponentially more complex in cases involving health care institutions.
Liberating Debtors from "Sweatbox" and Getting Attorneys Paid: Bifurcating Chapter 7 Engagements
Chapter 7 attorneys’ fees are not an administrative expense, and attorneys fear that unpaid, pre-petition fees are subject to the automatic stay and discharge.
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IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged
Under 26 USC §7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge order.
May Commercial Bankruptcy Filings 2008-18
Eye on Bankruptcy Streaming Series
Complimentary ~ June 28 @ 1 PM ET
May Total Bankruptcy Filings 2008-18
Cramdown for Unsecured Creditors: Since When Does "Best Interests" Mean Less Interest?
A chapter 11 debtor cannot allow its equityholders to retain their interests while cramming down a class of unsecured creditors with payments that omit adjustments for risk.
GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case
Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.
Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling
"[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"
Rochelle's Weekend Update
Find out why a 5th Circuit judge avoided ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily. Watch this week's video from ABI's B
In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract
In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.
How Artificial Intelligence and Technology Is Changing the Practice of Law
Prof. Lois Lupica discusses the potential ways that Artificial Intelligence will change the way that bankruptcy practitioners do business.
The Coming U.S. Farm Crisis
The agricultural sector is again struggling, and circumstances have begun to resemble those faced by farmers in the early 1980s.
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
Foreclosure Tuesday in Georgia
All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.
Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold