Fraudulent Transfers | ABI

Circuit Split Widens Sovereign Immunity for Section 544(b) Claims

The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.

Court :

To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed

A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.

Court :

Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions

In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.

Court :

Ohio Northern District

Disregarding Scheduling Orders Can Waive Jury Trials and Objections to Final Orders

Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.

Court :

Florida Southern District

Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’

Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.

Court :

New York Southern District

Benchnotes March 2022

Bankruptcy Code

11 U.S.C. § 105

11 U.S.C. § 548

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Plan Confirmation

Discharge/Dischargeability

Agriculture/PACA

Rochelle’s Rocky Mountain Case Law Update

Bankruptcy Code

Topics

Alternative Dispute Resolution

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

International Insolvency

Municipal Bankruptcy

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Avoidance Actions: Emerging Theories and Recent Case Law

Bankruptcy Code

Topics

Fraudulent Transfers

Bankruptcy Taxation

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The Valuation of Contingent Estate Litigation Claims

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Creditors' Committee

Financial Advisors

Fraudulent Transfers

Plan Confirmation

Business Reorganization

Investment Banking

Lender Liability

Public Companies and Claims Trading

Uniform Commercial Code/Article 9

Beware: Restructuring Is an Opportunity for Cybercriminals

Topic Tags

Fraudulent Transfers

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