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When is a “Mere Conduit” More Than A “Mere Conduit”? The Second Circuit Has a Clue

USA - January 21 2020 Section 546(e) of the Bankruptcy Code is a safe harbor provision that establishes that a trustee or debtor-in-possession may not avoid a transfer “by...

Shane G. Ramsey.

Applying Jevic (Part 3): How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping

USA - December 31 2019 The Bankruptcy Protector has previously provided a succinct summary of all cases decided post-Jevic here and here. In this update, we discuss the...

Shane G. Ramsey.

Post-Taggart, Debtors May Face Higher Pleading Standard

USA - August 28 2019 The recent decision from the United States District Court for the Middle District of Alabama in Moore v. Automotive Finance Corp. demonstrates how...

Shane G. Ramsey.

Applying Jevic (Part 2): How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping

USA - July 31 2019 Back in December of 2017, the Bankruptcy Protector provided a succinct summary of all cases decided post-Jevic through November 17, 2017. In this...

Shane G. Ramsey.

Non-Judicial Foreclosure and the FDCPA: How the Supreme Court’s Looming Decision in Obduskey v. McCarthy & Holthus LLP Could Affect Law Firms and Collections Agencies Alike

USA - January 22 2019 The United States Supreme Court heard oral argument in the case Obduskey v. McCarthy & Holthus LLP on January 7, 2019. The Court’s ruling in this case...