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Wills, Trusts & Estates Prof Blog
Asset Protection Trusts
Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law) has recently published on SSRN his article entitled Fear Not the Asset Protection Trust.Here…
White Collar Crime Prof Blog
PING: Criminal LawyerURL: http://criminal-lawyer.club18t.com/IP: 67.15.76.52BLOG NAME: Criminal LawyerDATE: 04/23/2006 05:35:05 PMShe nagged him so much he just signed the thing to get her off his back.Los Angeles Times, CA Mar 30, 2006 He …
By Ellen Podgor
R. Scott Cunningham received a two-year prison term for his conviction on two counts of money laundering and one count of conspiracy arising from transactions he undertook on behalf of…
Finance & Bankruptcy Law Blog
Metromedia: Party Failing to Seek a Stay Pending Appeal May Be Barred Under Principles of Equitable Mootness from Obtaining any Remedy With Respect to Impermissible Provisions of a Substantially Consummated Plan
The Second Circuit has long held that nondebtor releases are proper only in rare cases where the injunction plays an important part in the debtor’s reorganization plan. See SEC v.…
Bankruptcy Litigation Blog 2.0
Denver’s Judge Sidney Brooks Joins the BAPCPA Bashing Bandwagon as the Litigants Submit Poetic Dirges Lamenting BAPCPA’s Incomprehensibility
Add Bankruptcy Judge Sidney Brooks, Chief Judge for the Bankruptcy Court for the District of Colorado, to the growing list of prominent judges (such as those mentioned here (Judge Monroe),…
Labor Law Prof Blog
Impending Strikes at Delta & Northwest Airlines
What will happen if the pilots at Delta and/or Northwest strike? Doesa federal bankruptcy judge have the legal authority to order the pilots back towork, and to fine them if…
Bankruptcy Litigation Blog 2.0
Four Bankruptcy-Related Working Papers Available for Downloading from SSRN
The following four bankruptcy-related working papers can be downloaded from the Social Science Research Network: *** Columbia University Business School's Kenneth Ayotte and Independent Consultant Yair Jason Listokin, Optimal Trust…
Finance & Bankruptcy Law Blog
“In re Church”: Unfulfilled Promises to Pay and Misrepresentations Distinguished
In April 2002, Robert Clauss, Esq., agreed to represent Randall Church in connection with a divorce decree. Clauss ultimately withdrew as Church's attorney, turning over all of his files to…
Finance & Bankruptcy Law Blog
“In re Hollingsworth”: Even Late-Filed Claims May Be Entitled to Distributions
Late-filed claims are not automatically disallowed under the Bankruptcy Code, and under Section 502(b)(9), such late-filed, general unsecured claims are not invalidated to the extent excess funds remain after payment…
Finance & Bankruptcy Law Blog
Delaware Bankruptcy Court Rules Category-Specific Retention Clause in Disclosure Statement and Plan is Sufficient to Preserve Preference Causes of Action for Post-Confirmation Adjudication
On August 12, 2005, the United Bankruptcy Court for the District of Delaware held in Cooper v. Tech Data, (In re Bridgeport Holdings, Inc.) that clear and unambiguous provisions in…
Bankruptcy Litigation Blog 2.0
BAPCPA’s Homestead Exemption: A Third Judge Weighs In on the Debate
In In re Virissimo, 2005 WL 2854341 (Bankr. D. Nev., 10/31/05), Judge Linda B. Riegle of the Bankruptcy Court for the District of Nevada sided with Judge Robert Mark, Chief…