Fraudulent Transfers

There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders

When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.

Taxation Without Representation? Due Process and Limits on Revocation of the S-Corp Election for Chapter 7 Debtors

July 2025

Avoidance Claims Buyers, Beware: The Limits on Where and for Whose Benefit Avoidance Claims Purchased from a Bankruptcy Estate May Be Pursued

Sept 2025

Comparable Companies: If It Ain’t Broke, Don’t Fix It

July 2025

Bill Rochelle’s Top 10 Daily Wires

In Pari Delicto Defense Doesn’t Apply to a Trustee Exercising Avoidance Powers

Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.

SCOTUS’s Latest Proclamation on the Limits of Sovereign Immunity

May 2025

Estimated Tax Payments Made Before Filing Aren’t Fraudulent Transfers to the IRS

When estimated tax payments are ‘reasonable’ estimates of the year’s taxes, they aren’t fraudulent transfers, district judge says

Supreme Court Holds: § 106(a) Doesn’t Waive Sovereign Immunity for § 544(b) Suits

In an 8-1 opinion, the Supreme Court holds that the waiver of sovereign immunity under Section 106(a) does not extend to suits brought by a trustee under state law standing in the shoes of an actual creditor.

For Fraudulent Transfers, Retailers Needn’t Police Who Receives Value from the Purchase

Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.