Advanced Fraud-Based Litigation
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Early Edition with Bill Rochelle
Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
U.S. Trustee Says Albany Loan Broker Cannot Pay Debts: 'No Job, No Income and No Prospects'
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The Eleventh Circuit Rails Against ‘Prudential Standing’
Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.
Court:
An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code
Benchnotes May 2024
Journal Issue:
Seventh Circuit: Transfers of Nonpublic Securities Are Protected by the 546(e) Safe Harbor
The Seventh Circuit adopted a broad reading of the Section 546(e) safe harbor to dismiss a fraudulent transfer suit attacking a sale of nonpublic securities.
Court:
Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability
Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’