Benchnotes Nov 2009
Journal Issue:
New York District Judges Are Split on Drawing Inferences of Fraud from Executives
Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.
Salary Paid for Poor Performance Is No Fraudulent Transfer
Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.
Commentary: In Wake of Madoff, Rulings Shine Light on Ways for Investors to Keep Ponzi Profits
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Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt
Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.
New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit
Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.