The increasing size and complexity of modern corporations has contributed to a growing necessity for directors’ and officers’ (D&O) liability insurance policies.[1] It is well-settled that when a corporation goes into bankruptcy, D&O insurance policies themselves are property of the bankruptcy estate and thus subject to the aut
Directors have an unyielding fiduciary duty to protect the interests of the corporation and the stockholders alike. Claims for breaching this duty could result in personal liability and a large money judgment.
The COVID-19 pandemic has wreaked economic havoc and created a breeding ground for fraud. Existing swindles will be uncovered as victims seeking liquidity attempt to withdraw their funds only to find that their rock solid investment was nothing but smoke. New scams will arise. Many investors desperately need income or growth that traditional investments can no longer provide.
Where chapter 7 Trustees are now increasingly faced with the prospect of avoiding and recovering fraudulent transfers of a debtor’s pre-petition assets that implicate the concepts of extraterritoriality and foreign law, choosing the “right” foreign “applicable law” under Code section 544 causes of action, becomes increasingly important.
In a factually complex and quickly criticized opinion,[1] a panel of the Tenth Circuit recently held that a chapter 7 trustee cannot maintain a fraudulent transfer action against subsequent transferees of a fraudulent transfer if the subsequent transferee receives only proceeds of the “property that was set aside as fraudulently transf
As overall consumer debt has increased over the years, student loan debt has correspondingly increased to astronomical levels.
Happy Birthday to the “means test,” enacted in 2005 and the centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).[1] In chapter 7 cases, the means test stands for the general proposition that consumers with the “means” to repay some or all of their debts are barred from filing.
The Supreme Court’s opinion in Taggart v.
On March 17, 2020, in response to the COVID-19 pandemic to protect its customers and employees, J.C. Penney opted to close all of its stores and decrease supply chain operations.[1] Then, in mid-May, J.C. Penney and its affiliates (the debtors) filed for chapter 11 protection in the U.S.
