Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
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Discretionary Bonuses Are Not Per Se Fraudulent Transfers
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
Judge Name - Do not use it.
Laurie Selber Silverstein
Bankruptcy Code
Courts Divided on Venue for Small-Dollar Avoidance Actions
Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.
Judge Name - Do not use it.
Jim D. Pappas, S. Martin Teel, Jr.
Second Circuit Allows Extraterritorial Application of Sections 548 and 550
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
Judge Name - Do not use it.
Richard C. Wesley