Section 546(g)'s Safe Harbor Doesn’t Apply in an Assignment for the Benefit of Creditors
A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.
‘Person Aggrieved’ Isn’t the Proper Standard for Bankruptcy Appeals, Circuit Says
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
Court:
Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says
Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.
Court:
Bankrupt Businesses Fight to Keep Cheaper Loans on Books as Interest Rates Rise
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‘Preponderance’ Replaced ‘Clear and Convincing’ on Adoption of the Bankruptcy Code
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
Court:
FTX Seeks to Claw Back Nearly $4B in Ongoing Bankruptcy Case
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J&J Accused by U.S. Trustee of Misusing Bankruptcy to End Talc Cancer Suits
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Bankrupt Crypto Lender Genesis, Creditors to Enter Mediation
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Judge in New Orleans Roman Catholic Bankruptcy Recuses Himself over Church Donations
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