Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud
For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.
Debtor May Not Benefit from His Own Fraudulent Transfer
Exemption cannot be claimed in a home recovered as a fraudulent transfer.
Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds
Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz
Appellate court cannot draw inferences not made in the trial court, circuit says.
Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability
Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Supreme Court Argument Pits Notions of Equity Against Statutory Construction
Ghost of Justice Scalia haunts the high court in a statutory construction case.
Third Circuit Pens a Treatise on Burden of Production
Third Circuit decision written by no Third Circuit judges