Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
Freezing a Chapter 7 Debtor’s Bank Account Doesn’t Violate the Automatic Stay
SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.
Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
New York judge allows insolvent parents to pay for a minor child’s expensive education.
Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers
District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.
Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute
Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.
New York Judge Rails Against the Use of ‘Appearance Counsel’
Multiple ethical violations may occur with the use of so-called appearance counsel in consumer bankruptcies.
A Convert Joins the Minority Interpretation of the Repeat-Filing Stay Termination
Bankruptcy Judge Colleen A. Brown of Burlington, Vt., changes her position on Section 362(c)(3)(A).