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20 Nov 2023, 9:01 pm
Picard, who was appointed trustee in the SIPA proceeding, brought countless actions seeking to avoid and recover transfers that he alleged were“fraudulent” (a) under Bankruptcy Code section 548(a)(1)(B “constructive fraud” fraudulent transfers in which the debtor received less than a reasonably equivalent value in exchange for the transfer, and (b) under section 548(a)(1)(A) of the Bankruptcy Code,4 “actual fraud” fraudulent transfers in which the transfers were… [read post]
4 Aug 2021, 6:43 am
The borrower shall repay such loan out of the collections deriving from a certain portfolio of claims, which is identified at the onset of the securitisation and will remain owned by such entity (unlike the so-called “true sale” scheme of securitisation, which provides for the transferring of the claims to the SPV). [read post]
25 Oct 2022, 10:46 am
The CFTC defines a commodity as (1) those articles including agricultural commodities enumerated in Section 1a(4) of the Commodity Exchange Act, 7 USC 1a(4), and all other goods and articles, except onions as provided in Public Law 85-839 (7 USC 13-1), a 1958 law that banned futures trading in onions, and all services, rights, and interests in which contracts for future delivery are presently or in the future dealt in; and (2) physical commodities such as an agricultural product or a… [read post]
15 Jul 2007, 11:08 pm
The Appellate Court disagreed.Compelled to be a Witness against HimselfRob Leonard notes that 30 hours of police interrogation can easily produce false confessions – in this case, one that lead to wrongful imprisonment for 22 years.The opposite of “not being compelled to be a witness against yourself” is often “interrogation” or “torture,” and Marty Lederman collects a compendium of Op-Ed pieces on those… [read post]
10 Dec 2010, 5:41 pm
On July 23, 2010, the Monastery moved for summary judgment on the remaining claim in this case, the infringement by the Archbishop of the copyright on six of the Monastery’s works: the Psalter Work, the Prayer Book Work, the Great Horologion Work, the Pentecostarion Work, the Collected Dismissal Hymns Work, and the Octoechos Work (collectively, the Works).[1] The court heard oral argument on the motion on November 18, 2010. [read post]
23 Jul 2011, 6:54 pm
My father has plenty of assets but he wont allow my mother to even collect her clothes. [read post]
Underlining the Obvious: Remarks by Vice President Pence on the Administration’s Policy Toward China
4 Oct 2018, 8:05 pm
This may well be a context in which the collectives of both states might be most useful to their respective cores. [read post]
28 Jul 2015, 1:34 pm
This judgment resulted in a successful reorganization, and all of ASARCO’s creditors were paid in full. [read post]
29 May 2024, 9:01 pm
Why new rules are urgently needed The uncertainty surrounding the regulatory framework for digital assets confounds entrepreneurs, small businesses and large public companies, and continues to divide regulators and financial services experts. [read post]
7 Jan 2016, 1:33 pm
The claims of the estates creditors must be paid. [read post]
2 Nov 2011, 12:40 pm
Justice RaveendranSupreme Court of IndiaThe Supreme Court in Sanjeev Kumar Jain Vs. [read post]
8 Sep 2010, 2:57 am
Every fall since I first started writing this blog, I have assembled a list of the current hot topics in the world of directors’ and officers’ liability. [read post]
12 Nov 2020, 2:18 pm
Richard M. [read post]
15 Apr 2024, 6:00 pm
["This isn’t about forum shopping. [read post]
7 Jan 2010, 6:19 am
These criteria include: the instrument is subordinated to depositors, general creditors and subordinated debt of the bank; the instrument is perpetual, with no maturity date and no incentives to redeem; the instrument may be redeemable at the option of the issuer only after a minimum of five years, and any optional redemption (i) is subject to prior supervisory approval and (ii) may occur only if the bank either (x) replaces the called instrument with capital of the same or better quality… [read post]
17 Sep 2009, 6:38 am
It is also widely believed that FDIC decisions in addressing bank failures - whether or not to protect bank creditors - were influenced by concerns about the solvency of MMFs that held bank paper. [read post]
1 Oct 2024, 10:26 am
In doing so, it contributes to the larger debate about the usefulness of the current Bankruptcy Code in light of manipulation of the bankruptcy laws and exposes a core weakness in the Code’s inability to recognize the blended nature of many of the entities that form the backbone of the U.S. economy, providing the services the public has come to rely on in everyday life. [read post]
20 Jun 2023, 7:09 pm
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between April 1, 2023 and June 30, 2023. [read post]
20 Jan 2018, 12:00 am
This is really helpful for folks that are on the margin of having enough money to be worried about it, but not having so much that their best long‑term care plan is to get a room at the Ritz, and get room service, and hire in the help. [read post]
