Ninth Circuit Holds Twombly / Iqbal “Plausibility” Standard Does Not Apply To...
In a seminal pair of decisions, Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009), the United States Supreme Court clarified that the pleading standard...
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Earth to Creditors: Triangular Payment Arrangements May Constitute...
The Eleventh Circuit Court of Appeals recently clarified the meaning of “reasonably equivalent value” in a complex fraudulent transfer case. Its decision in In re PSN USA, Inc., Case No. 14-15352...
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Click To Appeal: Recent Second Circuit Decision A Cautionary Tale Regarding...
A recent Second Circuit Court of Appeals decision, Franklin v. McHugh, 2015 WL 6602023 (2d Cir. 2015), illustrates the dire consequences of failing to comply fully with all electronic filing...
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Bitcoin after Brexit: Safe Haven or Harbinger of Future Distress?
What a difference a week makes! On June 17, 2016, bitcoin was trading at more than $750. Five days later, as polls showed the Brexit vote leaning heavily to “remain,” bitcoin dropped as low as $585....
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Are Those Taxes Owing On Your Late-Filed Tax Return Dischargeable? Maybe, But...
Individual debtors with old tax debts relating to late-filed tax returns may be surprised to find that those tax debts may not be dischargeable under section 523(a) of the Bankruptcy Code due to the...
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Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy...
As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently...
View ArticleHandy List of Basic Issues to Consider for the Transactional Workout
While significant energy here at the Bankruptcy Cave is devoted to substantive bankruptcy matters, not all aspects of a general insolvency practice are always fun and litigation. Oftentimes insolvency...
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It’s Not Final, and That’s Final: The Ninth Circuit’s Gugliuzza Decision
As we have noted in another post, Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?, not all orders in...
View ArticleThe Magic of Mt. Gox: How Bitcoin Is Confounding Insolvency Law
Arthur C. Clarke famously observed: “Any sufficiently advanced technology is indistinguishable from magic.” Our regulatory, legislative, and judicial systems illustrate this principle whenever new...
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