‘Deemed Allowed’ Claims Can Be Binding in Subsequent Litigation, Circuit Says
A failure to distinguish between res judicata and collateral estoppel turned out to be costly.
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
Sanctions weren’t justified for attempting to collect a time-barred tax claim.
Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.