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Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers

There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.

Judge Name - Do not use it.

Gerard E. Lynch

Bankruptcy Code

Topics

Professional Compensation/Fees

Business Reorganization

Bankruptcy Code

Topics

Fraudulent Transfers

‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

Judge Name - Do not use it.

Richard E. Fehling

Bankruptcy Code

Topics

Consumer Bankruptcy

Bankruptcy Code

Topics

International Insolvency

Bankruptcy Code

Topics

Bankruptcy Litigation

Business Reorganization

Bankruptcy Code

Topics

International Insolvency

Bankruptcy Code

Topics

Consumer Bankruptcy

Bankruptcy Code

Topics

Practice and Procedure

Consumer Bankruptcy

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