January 25, 2019
The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.
January 24, 2019
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
January 16, 2019
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
January 14, 2019
Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.
Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.
January 11, 2019
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
January 10, 2019
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.