The issue of when a one-year discovery extension to the Uniform Fraudulent Transfer Act's four-year statute of limitations begins to run is an issue of law if the facts that could have put the...
(1) Applying Texas law, the 5th Circuit ruled that Appellees' claims were timely and the statute of limitations began to run when the fraud was discovered;
(2)Merger and waiver clauses in...
On rehearing, the Circuit Court affirmed its prior decision affirming the District Court's denial of a title company and its employee, ("FA Defendants"), motion to compel arbitration of an action...
The circuit court held that courts must follow a two-step analysis to determine which presumption of reliance, the Affiliated Ute presumption or the Basic presumption, is applicable in...
In this second appeal arising out of a long-running case based on allegations of a transnational fraudulent scheme-a conspiracy by and among Citigroup, Inc. (Citi); its agents, Citibank (CB) and...
Judge(s):
Jill A. Pryor; Elizabeth L. Branch; and Britt C. Grant
The Third Circuit affirmed the decision of the district court affirming the decision of the bankruptcy court below that the debt owed to a creditor based on a pre-petition written promise to repay...
The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...
The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...
Judge(s):
SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges
Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
