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January 21, 2016

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit , Virginia , Virginia Western District ,

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit , Virginia , Virginia Western District ,

January 15, 2016

Madoff ‘Net Equity’ Method Was Properly Applied to Inter-Account Transfers

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit , New York , New York Southern District ,

Madoff ‘Net Equity’ Method Was Properly Applied to Inter-Account Transfers

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit , New York , New York Southern District ,

January 11, 2016

Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases

Generic language won’t release third parties in the Fifth Circuit.

5th Circuit ,

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit ,

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit ,

January 8, 2016

District Judge Packs Off New GM to the First Ignition Switch Trial in Oklahoma

New GM and ignition switch plaintiffs play high-stakes poker in federal court.

2nd Circuit , New York , New York Southern District ,

District Judge Packs Off New GM to the First Ignition Switch Trial in Oklahoma

New GM and ignition switch plaintiffs play high-stakes poker in federal court.

2nd Circuit , New York , New York Southern District ,

Second Circuit Broadly Reads Claim Subordination Under Section 510(b)

Lehman co-underwriters are stuck with worthless contribution claims.

2nd Circuit ,