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

If a preference theory fails, try fraudulent transfer.

Court :

Illinois Northern District

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.

Court :

The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit

Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’

Court :

New York Southern District

Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS

Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).

Court :

Courts Shifting to Say Corporate ‘S’ Status Is Not Property

Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.

Court :

Virginia Eastern District

Recent Developments in Consumer Practice

Bankruptcy Code

Topics

Consumer Bankruptcy

Extraterritorial Limits of Clawback Actions

Bankruptcy Code

Topics

Bankruptcy Litigation

Commercial Fraud

Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

Justices search for a ruling that limits Section 546(e) but isn’t too broad.

Court :

Annual Case Law Update (2017 Hon. Steven W. Rhodes Consumer Bankruptcy Conference): Part III

Bankruptcy Code

Topics

Consumer Bankruptcy

Pre-Bankruptcy Planning Issues and Strategies for Debtors’ Attorneys Regarding Protection of Assets

Bankruptcy Code

Topics

Consumer Bankruptcy

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