We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts.
Thomas...more
Publicly, Diamond Finance Co. (“Diamond”) provided car loans to individuals with less-than-stellar credit. While Diamond did have “some actual business,” its purpose “quickly became a front to lure unsuspecting investors.”...more
In a recent per curium opinion, the Fifth Circuit recommitted to its practice of dismissing claims against court-appointed fiduciaries when plaintiffs fail to obtain permission before bringing suit. The court rested its...more
The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts.
As we discussed previously, Congress enacted legislation in 2017 that temporarily increased U.S....more
A Delaware bankruptcy court recently held that Texas’s “trust fund doctrine” remains applicable for companies that have not availed themselves of Texas’s formal dissolution process. Nonetheless, fiduciary claims by a...more
6/30/2022
/ Bankruptcy Court ,
Breach of Duty ,
Business Litigation ,
Chapter 7 ,
Debtors ,
Delaware ,
Fiduciary Duty ,
Texas ,
Trust Funds ,
Trustees ,
TX Supreme Court