Business Law Insolvency Law Committee

Cause Does Not Exist for the Court to Reconsider Disallowance of a Claim under Fed. R. Civ. P. 60(B)(6) Where the Court Found Movant Lacked a Cogent Excuse for Failing to Respond to the Objection in the First Place. Read more

Court rejected the notion that those who do business with a Ponzi scheme in principle do not provide reasonably equivalent value for an intentional fraudulent conveyance and that the avoidability of the transfers by the enterprise depends in part on the good faith of the transferee targets. Read more

Following Conversion to Chapter 7, Chapter 13 Trustee Must First Pay Allowed Chapter 13 Administrative Claims and Then Pay Any Remaining Funds to the Debtor. Read more

Defendant Is Entitled to Attorneys’ Fees After Defending Alter Ego Claim Even Though Defendant Was Not a Party to the Underlying Contract With the Attorneys’ Fee Provision. Read more

Court denied City's request to apply the reasoning of BFP v. RTC to the Massachusetts property tax strict foreclosure scheme which results in a tax taking rather than an auction. Read more

Prior precedent establishing contempt as the exclusive remedy for discharge injunction violations did not preclude a discharged debtor from seeking a remedy under the FDCPA against debt collectors who attempted to collect a debt that had been paid in full. Read more

Bankruptcy Court denied law firm’s employment application in debtors’ Chapter 11 Subchapter V bankruptcy cases because of the firm’s prepetition representation of debtors and their principals as counsel in litigation with the debtors’ largest creditors. Read more

Bankruptcy Court denied cross-motions for summary judgment when addressing whether a Merchant Cash Advance Agreement were loans or true sales of future receivables. Read more

Chapter 11 debtor is ineligible for relief under Subchapter V because 20% of the debtor's voting stock is held by a publicly traded company qualified as an "issuer" under the Securities Exchange Act. Read more

Chapter 7 trustee could step into the shoes of the IRS and utilize the Uniform Voidable Transactions Act to avoid fraudulent transfers of real property that occurred ten years before the petition date, using the 10-year statute of limitations under 26 U.S.C. section 6502. Read more