By summary order, the Second Circuit affirmed the District Court, explaining that the acts of agents are presumed to be imputed to their principals under New York law, and rejecting the...
Since fraudulent transfer statutes are for the protection of unsecured creditors, courts measure the value received in terms of the effect on those creditors and value encompasses more than just...
Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...
Bankruptcy court applied an incorrect standard of proof when balancing the relative harms to the parties in its denial of a stay relief motion.
Based on a signed operating agreement which prohbited transfers,of assets to protect a lender, and the principle that upon forfeiture of status by the Virginia State Corporation Commission all...
Affirming the lower courts’ decisions, the First Circuit held that the termination by the Centers for Medicare & Medicaid Services (CMS) of their provider agreement with the debtor did not...
The Barton doctrine, which requires permission of the bankruptcy court to sue a bankruptcy trustee in any court other than the bankruptcy court, applies to actions against members...
Circuit court found that tax court never reached the issue as to interest due and owing for tax year 1998 because it did not have jurisdiction to do so. As such, it was not improper for...
Affirmed entry of consent order by the District Court. Found that District Court has jurisdiction to enter consent order related to clarification of "marshaled reoveries." Found that...
Provision in loan indenture calling for a redemption premium is enforceable after the debt is accelerated due to a bankruptcy filing and the debtor, during the bankruptcy proceeding, opts to...
