October 29, 2020
Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.
October 28, 2020
The equitable power under Section 105(a) permits extending the discharge objection deadline when the court makes a mistake.
October 26, 2020
Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
October 22, 2020
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
October 19, 2020
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
October 16, 2020
Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.
October 15, 2020
Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.
October 13, 2020
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
October 9, 2020
A gaming license in Pennsylvania is a revocable ‘privilege.’
October 7, 2020
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
10th Circuit , Colorado ,