Date of a Garnishment Order Doesn’t Matter for Preferences, Seventh Circuit Says
Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.
Benchnotes February 2023
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor entity. Indeed, virtually every
Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
Four Circuits Now Permit Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.