Benchnotes May 2019
Journal Issue:
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Court:
Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
Court:
Second Circuit Allows Extraterritorial Application of Sections 548 and 550
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
Court:
Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers
Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’
Court:
Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.
Court: