Fraudulent Transfers

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.

An Initial ‘Recipient’ of a Fraudulent Transfer Isn’t Always Liable Under § 550(a)(1)

The Second Circuit says that an initial ‘recipient’ isn’t automatically an initial ‘transferee’ liable for an avoidable transfer under Section 550(a)(1).

Mitigating Fraudulent Transfer Risk

Benchnotes June 2022

June 2022

Statutory Receiverships as Alternatives to Bankruptcy in Fraud Cases

Articles in theABI Journal, [1] committee newsletters [2] and conference materials [3] have been addressing various circumstances in which nonbankruptcy alternatives, such as receiverships and assignments for the benefit of creditors (ABC), offer strategic benefits to bankruptcy proceedings.