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December 19, 2018

Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
New York judge allows insolvent parents to pay for a minor child’s expensive education.
2nd Circuit, New York, New York Southern District

December 17, 2018

Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers
Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!
2nd Circuit, New York, New York Southern District

December 03, 2018

Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers
District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.
2nd Circuit, New York, New York Eastern District

November 26, 2018

Second Circuit Seems Primed to Give Extraterritorial Effect to Avoiding Powers
A reversal in the Second Circuit would mean that trustees can recover from subsequent recipients of fraudulent transfers, even if the subsequent transfers were made abroad.
2nd Circuit

November 09, 2018

‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
11th Circuit, Florida, Florida Middle District

October 19, 2018

‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme
With partial success, trustee sues the casino where a fraudster gambled away stolen money.
2nd Circuit, New York, New York Eastern District

July 27, 2018

Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
2nd Circuit, New York, New York Western District

July 16, 2018

Bankruptcy Judge Can Enter Final Judgment after a Fraudulent Transfer Bench Trial
The payee of a check isn’t necessarily the transferee of a fraudulent transfer, Chicago judge says.
7th Circuit, Illinois, Illinois Northern District

June 22, 2018

Colleges Beat Back Another Fraudulent Transfer Suit Aimed at Tuition Payments
Federal student loan proceeds were never the parents’ property and thus could not be recovered by a trustee.
2nd Circuit, Connecticut

May 30, 2018

Supreme Court Again Refuses to Define a ‘Transfer’ or an ‘Initial Transferee’
Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.
Supreme Court