Idaho Bankruptcy Court recently ruled in In re CVAH Inc. that a trustee can “step into the shoes” of the IRS and utilize the transfer avoidance powers within both the FDCPA and the IRC.
Other content in this Stream
July Commercial Bankruptcy Filings, 2008-18
Commercial bankruptcy filings for July from 2008-18.
Order's Up! When Restaurant Restructurings Get Complicated
Although restaurant-related revenue has climbed, same-store sales have been in decline over the past several years due to the oversupply of restaurants in the U.S.
Real Estate Sales Free and Clear of Unexpired Leases Under § 363(f)
Once a landlord files for bankruptcy protection, what options will the trustee have in dealing with their remaining tenants?
Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
Leveraged Credit Markets Hold Firm
A decade between default cycles is a long time, but despite repeated warnings from highly respected market-watchers, leveraged credit markets continue to roar.
UpRight: A Cautionary Tale of a National Consumer Law Firm
Consumers are turning increasingly to the internet to find legal representation, but problems arise when those employing the tools of modernity disregard the continuing duties of bankruptcy lawyers.
10 Common Causes of Distress
This article outlines 10 of the key internal reasons why a company’s financial condition can deteriorate, which often results in bankruptcy.
"Fresh Start" Principles Defeat Mandatory Arbitration Clause
Second Circuit rules that a creditor cannot force into arbitration claims that it violated the discharge injunction.
Clientron Corp. v. Devon IT, Inc.
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction.
American Bankruptcy Institute
ABI Podcast: Bill Rochelle talks with Judge Michael Kaplan (D. N.J.; Trenton) and ABI President-Elect Alane Becket of Becket and Lee (Malvern, Pa.) to delve into the SCOTUS opinion on Appling.
Total Bankruptcy Filings 2008-18
A visual snapshot - or delve into more with our press release.
NY Judge Takes Forgiving View of "Actual Conflict"
Firm allowed to drop a creditor-client and represent the debtor in chapter 11.
The True Story Behind One of the Most Exclusive, High-Stakes Underground Poker Games in the World.
Spanish Peaks: What Happens When Leases Collide with a Bankruptcy Sale?
"If the trustee rejects an unexpired lease, then the lessee may retain its appurtenant possessory rights in the property for the balance of the lease term."
12:33Legal Tech Interview: Thomas Hamilton of ROSS Intelligence
Listen in as Robert Ambrogi discusses artificial intelligence and the impact on the legal and bankruptcy sectors with Thomas Hamilton, VP of Strategy and Operations at ROSS Intelligence.
A Big Stretch for Bankruptcy Jurisdiction: SPV OSUS v. UBS
"[SPV OSUS Ltd. v. UBS AG] is notable for its expression of the Second Circuit’s rather extraordinary view of “related to” bankruptcy jurisdiction."
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.
Own Houses in Different States, Claim a Homestead Exemption & Plan to Leave?