Fraud

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently ruled that the absolute-priority

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.

The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Court Establishes Framework for Determining Ownership Rights in Social Media Accounts The U.S. Bankruptcy Court for the Southern District of Florida recently considered an issue of first impression

Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Bankruptcy Court Limits Bartenwerfer to Partnership or Agency Debts, Finding It Inapplicable to Fraudulent-Transferee Liability Can the recipient of a fraudulent transfer discharge the claim in

A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’