Fraudulent Transfers

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

“They Did What?” Attacking Pre-Bankruptcy Transactions

Plastronics, LTL and the “Texas Two-Step”

Nov 2022

Can a Tax Foreclosure Be a Fraudulent Transfer?

Sept 2022

Advanced Fraudulent Transfers: A Baker’s Dozen of Helpful Tips and Insights

(Not) for Sale: Chapter 5 Avoidance Actions

Sept 2022

Tenth Circuit BAP Defines the Elements of the Earmarking Defense

Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.

Benchnotes July 2022

July 2022

Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.