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ABI Journal

548

Deal-Breaker Documents

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Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)

Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.

All Things Ethics

Bankruptcy Code
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Fraudulent Transfer Suit Does Not Require Injury to Creditors, Circuit Says

A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.

Ninth Circuit Upholds the ‘Ponzi Scheme’ Presumption over a Dissent

A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.