Recently, the First Circuit held that a parent’s tuition payments on behalf of an adult child do not benefit the parent’s bankruptcy estate, and a Chapter 7 trustee may therefore claw the payments back as fraudulent...more
12/2/2019
/ Adversary Proceedings ,
Appeals ,
Bankruptcy Code ,
Chapter 7 ,
Clawbacks ,
Consumer Bankruptcy ,
Educational Institutions ,
Fraudulent Transfers ,
Reversal ,
Student Loans ,
Tuition
Employees who sue their employers must disclose that lawsuit if they file for bankruptcy—right? Maybe not. In Slater v. U.S. Steel Corp., the Eleventh Circuit overruled prior precedent and impaired a valuable defense for...more
A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators,...more
9/20/2017
/ Affirmative Defenses ,
Appeals ,
Concurrent Litigation ,
Consumer Bankruptcy ,
Creditors ,
Financial Services Industry ,
Judicial Discretion ,
Judicial Estoppel ,
Mortgage Loan Originators ,
Mortgage Servicers ,
Stare Decisis