Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
Colleges Beat Back Another Fraudulent Transfer Suit Aimed at Tuition Payments
Federal student loan proceeds were never the parents’ property and thus could not be recovered by a trustee.
Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry
Section 502(b)(4) shields debtors from overreaching lawyers in a new context.
Islamic Law Informs the Court in Interpreting a Marital Contract
Courts split on the dischargeability of debts incurred in the course of divorce or separation.
Debtor Successfully Claims an Exemption 19 Years after Discharge
Law v. Siegel allows exempting an asset that had not been scheduled.
Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.