Fraudulent Transfers

Are Valuation Disputes Futile?

Jan 2023

Another Court Holds that a Debtor Has a Property Interest in Contracts, Not Customers

Once the debtor loses the right to do business, taking customers for no consideration isn’t a fraudulent transfer, Judge Isgur holds.

To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says

Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.

Madoff Trustee Scores Another Major Victory in the Second Circuit

The appeals court rules that the Madoff trustee is entitled to summary judgment together with prejudgment interest at 4%.

Indiana Bankruptcy Judge Narrowly Reads the Section 546(e) Safe Harbor

Although a stock purchase and a loan payoff were only one month apart, the two transactions lacked a sufficient nexus to invoke the safe harbor, Bankruptcy Judge James Carr said.

Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(a)'s Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose

Salary Paid by a Ponzi-Schemer Isn’t Necessarily a Fraudulent Transfer, Circuit Says

The Tenth Circuit dealt with the thorny question of which expenses paid by a Ponzi-schemer are fraudulent transfers.

Further Reflections on Using the Tax Code’s Extended Period for Avoidance Under § 544(b)

Oct 2022

Navigating Zombies and Alter-Egos: Eleventh Circuit Reaffirms Standards for Receiver Standing

Oct 2022

The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee

If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.