550

Using a Casino’s ATM Makes the Casino the Initial Transferee, Not a ‘Mere Conduit’

New York judge gives casinos the responsibility for assuring that a gambler’s use of a corporate ATM card is not a fraudulent transfer.

Tenth Circuit Protects Subsequent Recipients of Fraudulent Transfer with a New Defense

In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.

Beware: Closing a Case Quickly Can Preclude Filing New Avoidance Actions

Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).

Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees

The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.

Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court?

The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court.

Madoff Trustee Granted Another Direct Appeal to the Second Circuit

Overturning District Judge Rakoff a second time will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

Solicitor General Sides with the Madoff Trustee on Suing Foreign Subsequent Transferees

Denying ‘cert’ will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

The Good-Faith Defense to Fraudulent-Transfer Claims

May 2020

Fraudulent Transfer Damages Limited to Creditors’ Total Claims

Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.

Chapter 11: Practical Skills and Case Law Update