Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment
Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.
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District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
WARN Act Claims Entitled to Class Status
Arkansas district judge sides with workers on WARN claims from mass firings.
New Fed Rules of Procedure Proposed
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Subjective Test Without Hindsight Employed to Determine Adequate Capitalization
Later bankruptcy is no proof of prior inadequate capitalization.
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Views from the Bench
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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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Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
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Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate
Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.
Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.