No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least
Several cases are in the running for Supreme Court review this term or next.
Court:
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
Third-Party Releases Approved Without Awaiting the Outcome of Merit Management
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
Ninth Circuit Splits with Seventh on Sovereign Immunity and Derivative Suits by a Trustee
Ninth Circuit criticizes the Seventh for making the sovereign immunity waiver meaningless for Section 544(b)(1) suits.
Court:
Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery
Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.
Court:
Great Debates
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Presumptively Fraudulent Transfer Isn’t Enough to Appoint a Trustee, First Circuit Holds
First Circuit is uncharacteristically lenient on debtors in the context of a motion for a trustee.
Court: