Bankruptcy Litigation

Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management

The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

Avoidance Actions Update

To Defeat Summary Judgment, an Affidavit Can’t Be Contradictory, Fifth Circuit Says

A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.

U.S. Trustee Moves to Transfer Venue of New J&J Case from Houston to New Jersey

The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.