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ABI Journal

Fraud

Tuesday, November 3, 2020
Article Tags
Claims
Court Administration
Fraud
Fraudulent Transfers
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Houston Judge Rejects Tenth Circuit Opinion Immunizing Subsequent Transferees

Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.

5th Circuit
Texas
Texas Southern District
Wednesday, October 28, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Fraud
Business Reorganization
First-day Motions
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Friday, October 23, 2020
Article Tags
Corporate Governance
Fraud
Finance and Banking
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Thursday, October 15, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Fraud
Fraudulent Transfers
Business Reorganization
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Thursday, October 15, 2020
Article Tags
Court Administration
Fraud
Fraudulent Transfers
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Fifth Circuit Again Says: No ‘Futility Defense’ Under the Texas UFTA

Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.

5th Circuit

Eleventh Circuit Reads Husky Narrowly, Perhaps Too Narrowly

Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).

11th Circuit

Second Circuit Upholds the Madoff Trustee’s Calculation of Fraudulent Transfer Claims

Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.

2nd Circuit
Thursday, September 24, 2020
Article Tags
Fraud
Consumer Debt
Covid19
Finance and Banking
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