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U.S. Supreme Court Seems Poised to Address Constitutionality of 2018 U.S. Trustee Fee Increase

USA - October 11 2021 The Bankruptcy Protector Back in July, Craig Eller wrote in The Bankruptcy Protector about the continuing confusion amongst courts and litigants…

First Circuit: Only the Trustee may Pursue Causes of Action Against Ponzi Scheme Net Winners

USA - November 18 2019 The First Circuit Court of Appeals issued an opinion on October 29, 2019, in In re TelexFree, LLC, No. 18-2001, 2019 WL 5558088…

Delaware District Judge Addresses the Not-So-Safe Harbor of Section 546(e)

USA - January 16 2018 Delaware District Judge Leonard P. Stark has seemingly split with the Second Circuit and held that the safe harbor in Section 546(e) of the…

David M. Barnes, Jr..

5th Circ. PPP Ruling Doesn't Doom Debtors Seeking Loans

USA - July 17 2020 On June 22, U.S. Circuit Judge Judge Jerry Smith issued a short, three-page opinion in the case Hidalgo County Emergency Service Foundation v…

John T. Baxter.

Data Privacy and Bankruptcy—Notable Non-bankruptcy Privacy Laws

USA - September 10 2019 Privacy issues implicate several Bankruptcy Code sections and Bankruptcy Rules. The debtor must also comply with non-bankruptcy rules concerning…