Filing a Proof of Claim Reserving a Right to a Jury Trial Does Not Prevent a Waiver of Right to Jury Trial
Pursuant to the Supreme Court opinions in Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989) and Langenkamp v. Culp, 498 U.S. 42 (1990), the filing of a proof of claim [...]
THE TREATMENT AND ENFORCEMENT OF ARBITRATION CLAUSES IN BANKRUPTCY CASES
Bankruptcy courts throughout the country are being presented with the question of whether to enforce arbitration agreements. In the past, bankruptcy courts have found that arbitration agreements are not enforceable [...]
Subsequent Transferee Liability re: Fraudulent Conveyance Lawsuits
The Bankruptcy Code and the Uniform Fraudulent Transfer Act allow a bankruptcy Trustee to recover property that was allegedly fraudulently transferred to an “initial transferee” who then transferred the same [...]
A Debtor Licensor of a Trademark Cannot Rescind Use of the Trademark License by Rejecting it in Bankruptcy
Licensees of Trademarks can breathe a sigh of relief: A Debtor cannot use the Bankruptcy Code as a sword by rejecting a trademark license thereby preventing the licensee from using [...]
State and Federal IRA Exemptions Don’t Always Jive
Though Eleventh Circuit (Alabama, Georgia, and Florida) appellate decisions do not control decisions in the Fifth Circuit (Louisiana, Mississippi, and Texas), they can be persuasive. The Eleventh Circuit Court of [...]
NO MATTER THE CIRCUMSTANCES, STUDENT LOANS ARE INCREASINGLY DIFFICULT TO DISCHARGE IN A BANKRUPTCY
Thomas v. Department of Education (In re Thomas), 18-11091 (5th Cir. July 30, 2019) The U.S. Court of Appeals for the Fifth Circuit recently ruled that a debtor could not [...]
Theft of Trade Secrets Does Not Always Equate to the Non-dischargeability of a Debt in Bankruptcy
TCK Aerospace Inc. v. Muhs (In re Muhs), 18-1372 (4th Cir. May 8, 2019) Things do not always seem to be what they appear to be. A judgment was [...]
The Clash Among Divorce, Bankruptcy, and IRAs/Pensions/Profit-Sharing Plans
Attorneys practicing in the family law area and those individuals going through the process of divorce need to be cognizant of the ramifications of a property settlement and the respective [...]
TENANTS OF REJECTED LEASES IN BANKRUPTCY MAY NOT HAVE TO PAY RENT
When a landlord files bankruptcy and rejects a lease, the tenant has the right to remain in the premises. Moreover, the tenant has the right to offset whatever damages it [...]
“Mere Conduits” of Fraudulently Conveyed Funds Continue to Face Scrutiny
There are two basic ways of proving a fraudulent conveyance under the United States Bankruptcy Code (sometimes referred to as the “Code”) and the Uniform Fraudulent Transfer Act. The first [...]
