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May the Trustee’s Personal Debt to the Trust Owed as a Result of a Breach of Trust be Discharged in Bankruptcy?

The U.S. Bankruptcy Code provides that a personal debt is not dischargeable if the debt had been occasioned by the debtor’s defalcation while acting in a fiduciary capacity. Courts of appeals had long disagreed about the...more

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift...more

The Recent Enhancements To The Italian Bankrtupcy Law

On 15 June 2012 the Italian Government enacted the legislative decree known as decreto sviluppo (the “Decree”) that, among others, includes provisions enhancing the restructuring proceedings under the Italian Bankruptcy Law...more

InfoBytes Special Alert: Federal and State Officials File Settlement with Nation's Five Largest Mortgage Servicers

On March 12, 2012, Federal and state officials filed documents in the United States District Court for the District of Columbia formalizing a previously announced settlement (the Settlement) of various government probes into...more

Jefferson County: The Bankruptcy Court Always Wins

In re Jefferson Country, Alabama, Case No. 11-05736 (TBB) (Bankr. N.D. Ala. Jan. 6, 2012). On January 6, 2012, Judge Thomas B. Bennett of the Bankruptcy Court for the Northern District of Alabama held that (i) the...more

U.S. ex rel., Kolbeck v. Point Blank Solutions, Inc.

Va. District Court holds that a qui tam action in which the government does not participate doesn't fall under the "police powers"...

The District Court holds that because the government declined to "intervene" in the action brought by the qui tam realtor's and thus the action was not "conducted by the Government", see 31 USC 3730, the "police powers...more

The “Police Power” Clash Continues: The United States District Court for the Eastern District of Virginia Reverses the Bankruptcy...

The “police and regulatory power” exception to the automatic stay in 11 U.S.C. § 362(b)(4)1 and its application to 19 U.S.C. § 3372 investigations by the U.S. International Trade Commission (“ITC”) has recently yielded...more

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