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Commercial Fraud

Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit

Section 523(a)(9) Conflicts with Two Circuit Interpretations

July 2017

Bankruptcy Code
first impression
Topic Tags
Bankruptcy Litigation
Fraud
Consumer Bankruptcy
Discharge/Dischargeability
Commercial Fraud

The Rights of Secured Creditors in a Commercial Fraud Case

Bankruptcy Code
101
305
543
545
546
547
741
761
544
548
Topics
Creditors' Committee
Commercial Fraud

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Centralized Cash-Management and Avoidance Actions (Part II): Contemporaneous-Exchange Defense and More Headaches

April 2017

Bankruptcy Code
547
Topic Tags
Fraudulent Transfers
Preferences
Commercial Fraud

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

4th Circuit
North Carolina
North Carolina Eastern District

Judicial Merry-Go-Round!

Bankruptcy Code
502
506
507
522
547
1129
Topics
Business Reorganization
Commercial Fraud

Links

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Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

2nd Circuit
New York
New York Southern District

Inequitable: In Pari Delicto vs. Bankruptcy Trustees

March 2016

Bankruptcy Code
541
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Practice and Procedure
Commercial Fraud
Unsecured Trade Creditors

Lyondell Bucks Precedents That Say § 548 Has No Extraterritorial Reach

Apr 2016

Bankruptcy Code
11 U.S.C.A. § 544(b); 11 U.S.C.A. § 548; 11 U.S.C.A. § 550;
Topic Tags
Bankruptcy Litigation
Fraudulent Transfers
Business Reorganization
Commercial Fraud

Enough Is Enough: Bank’s Bad Faith Results in Lien Avoidance

March 2016

Bankruptcy Code
11 U.S.C. § 510
11 U.S.C. § 548
Topic Tags
Fraud
Fraudulent Transfers
Commercial Fraud
Finance and Banking
Lender Liability
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