na Cases
January 15, 2025
If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.
November 22, 2024
At least in New York, proceedings on a confession of judgment are neither a ‘claim’ nor a ‘cause of action’ and can’t be removed under 28 U.S.C. § 1452(a).
November 21, 2024
The bankruptcy judge in Houston denied the U.S. Trustee’s motion to quash deposition subpoenas in the fight over disgorgement of fees for failure to disclose an allegedly close relationship between the judge and a firm lawyer.
October 15, 2024
A district judge in Indiana says that a bankruptcy court cannot have exclusive jurisdiction over disputes in the future except in the circumstances specified in Section 1334.
October 8, 2024
9th Circuit , Montana ,
Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.
October 3, 2024
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.
September 23, 2024
Alter ego claims belong to the creditor, not to the bankrupt estate.
September 20, 2024
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
September 19, 2024
A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.
September 17, 2024
The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.