Bankruptcy
May 23, 2016

U.S. Supreme Court Finds Fraudulent Transfer Can Constitute Actual Fraud in Making a Debt Non-Dischargeable Under Section 523(a)(2)(A)

On May 16, 2016, the U.S. Supreme Court rendered a decision in Husky International Electronics, Inc.…
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Bankruptcy
May 9, 2016

Ninth Circuit Rules Subordinated Affordable Housing Covenants Do Not Affect Valuation of Secured Claim in Bankruptcy Cram Down

A divided three-member Ninth Circuit bankruptcy panel has ruled that restrictive covenants for affordable housing…
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Bankruptcy
April 14, 2016

Second Circuit Finds Bankruptcy Safe Harbor Trumps State Law Fraudulent Transfer Rights

The U.S. Court of Appeals for the Second Circuit recently ruled in In re Tribune…
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Bankruptcy
April 7, 2016

7th Circuit Rules Pre-Bankruptcy Lease Terminations May be Avoidable

In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit…
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Bankruptcy
February 25, 2016

Circuits Split on Secured Lenders’ Responsibility for Paying Excess Surcharges Sought by Bankruptcy Trustee

A recent decision by the U.S. Court of Appeals for the Fifth Circuit has caused…
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Bankruptcy
February 22, 2016

Ninth Circuit Limits Insider Status to Vote on Chapter 11 Reorganization

The Ninth Circuit Court of Appeals has upheld a decision by the Bankruptcy Appellate Panel…
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Bankruptcy
February 15, 2016

Ninth Circuit Rules Absolute Priority Applicable to All Individual Chapter 11 Cases

The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has ruled that the absolute priority rule —…
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Bankruptcy
February 11, 2016

Ninth Circuit Rules Junior Lien Discharged in Chapter 7 Bankruptcy Cannot Be Included When Determining Chapter 13 Eligibility

The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has ruled that debts discharged in a prior…
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BankruptcyForeclosure
February 8, 2016

Tenth Circuit Rules Settlement Agreement Between Foreclosing Lender and Trustee Can Proceed Over Debtor Objections

The Tenth Circuit Bankruptcy Appellate Panel (“BAP”) recently affirmed a bankruptcy court’s approval of a…
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Bankruptcy
February 4, 2016

Ninth Circuit Rules Chapter 7 Bankruptcy Trustee Can Recover Market Value of Debtor’s Life Settlements

The U.S. Court of Appeals for the Ninth Circuit has ruled that a Chapter 7…
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