Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions
Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.
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Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit
Petters bankruptcy spawns another monumental Ponzi scheme opinion.
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Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13
To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.
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Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal
Can substantive consolidation eradicate a defendant’s affirmative defense?
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WARN Act Claims Entitled to Class Status
Arkansas district judge sides with workers on WARN claims from mass firings.
Eighth Circuit Ignores Supreme Court’s Loose Language in Harris
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
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An Inherited Home Can Be Covered by the Homestead Exemption
Exemptions are not always fixed on the date of filing.
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Judge Writes a Treatise on Provisional Overdrafts and Preferences
No debt, and thus no preference, arises until after the midnight deadline.
Varying Standards on Informal Claims Beg for Resolution in the Supreme Court
Same facts on informal proofs of claim yield different results in different circuits.
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Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing
Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.
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