Bankruptcy

Recent Posts

Montana Blogger Tagged for Big Defamation Damages in Suit by Trustee
Posted on 12 Dec 2011 by Stephen Sather

A Montana blogger has learned that First Amendment freedoms do not extend to saying that a bankruptcy trustee is "guilty of Fraud, Deceit on the Government, Illegal Activity, Money Laundering, Defamation, Harassment" among other things. In... Read More

The Making of a Trustee
Posted on 18 Oct 2010 by Bullivant Houser Bailey PC

By Russell D. Garrett TCMS Today Chapter 7 Panel Trustee Western District of Washington If someone had told me 29 years ago that I would be practicing law in the bankruptcy area I would have said they were crazy. At that time, I was living... Read More

Judge: Madoff Victims Not Entitled to Interest on Losses
Posted on 11 Sep 2013 by Jordan D. Maglich

"In this zero sum game where funds are limited, hard choices must be made....The plain language, purpose, framework and distribution scheme of SIPA, as well as (legal) precedent, all support the method chosen by the trustee" - U.S. Bankruptcy... Read More

Second Circuit Bars Trustee’s Claims Against Banks in Madoff Ponzi Scheme Case
Posted on 8 Jul 2013 by LexisNexis Legal Newsroom Staff

by Kathy Bazoian Phelps The Madoff trustee and Madoff victims hoped to hold the banks liable for alleged wrongdoing. The banks hoped to escape liability on the theory that the Madoff trustee, standing in the shoes of Madoff’s company, was a wrongdoer... Read More

Tax Refund Satisfies Bankruptcy Trustee on Ponzi Funds
Posted on 9 May 2011 by Ted Connolly

Ponzi schemer Scott Rothstein's former law partner, Stuart Rosenfeldt has agreed to settle a $10 million lawsuit against him for a fraction of the complaint, only $1.6 million. The settlement was disclosed Thursday in a settlement agreement filed... Read More

Do Not Hide Assets from the Trustee. You Will Get Caught and Go to Jail.
Posted on 26 Aug 2010 by Stephen Sather

Most of us have heard cocktail party talk about someone who had a lot of assets but managed to file bankruptcy and keep all of their stuff. Usually, the explanation has to do with exemptions and fully encumbered property. However, every once in a while... Read More

Fifth Circuit Trusts (Chapter 7) Trustee's Interpretation of Trust
Posted on 29 Jul 2011 by Stephen Sather

In an interesting ruling that has more to do with trust law than bankruptcy, the Fifth Circuit has ruled that a bankruptcy court incorrectly held that a trust was not property of the estate. Roberts v. McConnell , No. 10-50462 (5th Cir. 6/15/11) .... Read More

LexisNexis® Legal News Podcast for Nov. 17, 2010-Madoff Bankruptcy Trustee Secures $1B Judgment Against Feeder Fund
Posted on 18 Nov 2010 by LexisNexis Bankruptcy Law Community Staff

A Madoff bankruptcy trustee secures an approximately $1 billion judgment against a feeder fund, and, the 5th Circuit affirms a boat owner took reasonable precautions in preparing for Hurricane Katrina. Hear these and other stories from LexisNexis®... Read More

Madoff Trustee Reaches $98 Million Settlement With Feeder Fund
Posted on 28 Aug 2013 by Jordan D. Maglich

The trustee tasked with recovering funds for victims of Bernard Madoff's $65 billion Ponzi scheme announced he had reached a settlement with a Connecticut hedge fund that acted as a "feeder fund" in shoveling millions of dollars into Madoff's... Read More