Rochelle's Daily Wire

Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.

Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.

The Third Circuit will decide whether the broad language in the Federal Magistrate Act allows magistrate judges to issue final orders on bankruptcy appeals when the parties consent.

The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.

The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.

Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.

A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.

Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.