Skip to main content

October 15, 2020

Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.

October 02, 2020

Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).

September 28, 2020

Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.

September 24, 2020

Ownership of a bank account isn’t enough by itself to make the account holder the initial transferee of a fraudulent transfer.

July 14, 2020

In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.

June 09, 2020

More important law from Madoff: Filing a claim waives the right to a jury trial in district court even if the claim is denied or withdrawn, district judge rules.

June 05, 2020

Receiver barred from bringing aiding and abetting claims if the company was dominated by fraudsters.

June 03, 2020

The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.

April 29, 2020

Overturning District Judge Rakoff a second time will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

April 24, 2020

Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.