Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law
Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.
Benchnotes May 2017
Journal Issue:
Benchnotes April 2017
Journal Issue:
Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.
Court:
Sixth Circuit Pens Major Decision on Duty to Investigate Suspicions of Fraud
Madoff and Sixth Circuit have differing formulations about the ‘good faith’ defense for a recipient of a fraudulent transfer.
Court:
Terminating a Contract Is a Transfer of an Asset — Sometimes
Judge Higginbotham has been busy writing important opinions.
Court:
Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud
Circuit Judge Higginbotham sees arbitration as an instrument of fraud.
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