Transfer to Tenants by the Entireties Was Exemption Planning Gone Too Far
Marriage on the eve of bankruptcy was a badge of fraud.
Creditor With a Derivative Claim Has Standing to Sue, Fifth Circuit Says
Embezzlement from an LLC conferred standing to sue on an owner, not only on the LLC.
Fifth Circuit Rules on Judicial Estoppel, an Issue Before the Supreme Court This Term
Supreme Court will decide whether potential motive for nondisclosure invokes judicial estoppel, or whether there must be subjective intent by the debtor to conceal.
Cert. Granted on a Circuit Split About Judicial Estoppel for Undisclosed Claims
Amicus briefs are needed so the Supreme Court sees the big picture and understands that creditors can suffer if judicial estoppel is applied indiscriminately.
Domestic Violence, Bartenwerfer and the Ninth Circuit
Domestic Violence, Bartenwerfer and the Ninth Circuit By Prof. Angela Littwin Bankruptcy professionals might be surprised to learn that there is a major connection between consumer debt and domestic violence. Abusers in violent relationships are using fraud and coercion
Bad Faith Chapter 13 Debtor Permitted to Dismiss Is Tagged with a 2-Year Bar to Refiling
Bankruptcy Judge Meisel implores the Third Circuit to follow other circuits on dismissing bad faith debtors’ chapter 13 petitions but with bars to refiling.
Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says
To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.
A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7
After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.