Case Updates

Trust Rights Created by PACA are Alienable, Including by Assignment. Read more

Retention of Estate Property After the Filing of a Bankruptcy Petition Does Not Violate Section 362(a)(3) of the Bankruptcy Code. Read more

Defendant in a fraudulent transfer case failed to prove a good faith defense under the Texas statutory scheme where the trial record showed defendant was on inquiry notice of a Ponzi scheme but defendant did not engage in a diligent investigation. Read more

MICRA statute of limitations runs from when a patient reasonably should notice that an undiagnosed condition has developed into a more serious condition. Read more

The employer waived its right to arbitrate by waiting to file its motion to compel arbitration of plaintiffs’ individual claims until after it failed to settle the case following two years of classwide discovery and class notice procedures. Read more

Two decisions providing insight on how to litigate an action so that its outcome can be used to establish the nondischargeability of a debt in a subsequent bankruptcy case. Read more

A financial arrangement structured as a sale of future accounts receivable was not a usurious loan. Read more

Provider, who falsely billed for a speech pathologist who provided no services, was properly convicted of identity theft. Read more

On a motion to dismiss an involuntary petition, court held that an undisputed claim arising from one purchase order by the alleged debtor from the sole petitioner qualified that petitioner to bring the involuntary petition even though the alleged debtor asserted a counterclaim to a second purchase order. Read more

When awarding prejudgment interest on damages awarded for a fraudulent transfer claim brought under Bankruptcy Code section 544, the applicable prejudgment rate is the federal rate. Read more