February 27, 2018

Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits

Intermediate transfers to financial institutions do not trigger the safe harbor.

Supreme Court

February 05, 2018

Repaying an Avoided Transfer Doesn’t Always Result in an Allowed Claim

Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.

9th Circuit, Hawaii

February 01, 2018

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

6th Circuit, Michigan, Michigan Eastern District

January 29, 2018

Subsequent Transferees Can Be Sued Before Judgment Against the Initial Transferee

Circuits are split on requiring a judgment before suing a subsequent transferee.

January 22, 2018

A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says

Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.

7th Circuit

January 15, 2018

Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman

A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.

3rd Circuit

January 11, 2018

Extraterritoriality of Avoiding Powers Goes to the Second Circuit

A split of circuits will result if the Second Circuit does not reverse a Madoff decision.

2nd Circuit

January 10, 2018

No Statute of Limitations Bar from Asserting a New Theory of Recovery

If a preference theory fails, try fraudulent transfer.

7th Circuit, Illinois, Illinois Northern District

January 05, 2018

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law

Venezuela let off the hook for expropriating assets.

3rd Circuit

January 02, 2018

Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor

Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.

3rd Circuit, Delaware