Fraudulent Transfers

Bankruptcy Court Doesn’t Have Exclusive Jurisdiction over Fraudulent Transfer Suits

The Nevada Supreme Court correctly unpacked the confusing notions of bankruptcy jurisdiction and the division of authority between district and bankruptcy courts.

Split Heading to the Tenth Circuit on Sovereign Immunity for Section 544(b) Claims

The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.

Affirmance Shows that Merit Management Has Been Gutted in the Second Circuit

Properly structuring a leveraged refinancing in the Second Circuit can avoid attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

Second Circuit Revives $3.75 Billion in Lawsuits by the Madoff Trustee Against Financial Institutions

Reversing in favor of the Madoff trustee, the Second Circuit rules that inquiry notice, not willful blindness, governs the good faith defense by recipients of fraudulent transfers.

Splits and Confounding Issues Destined for the Supreme Court

Is the Applicability of the Small Dollar Venue Limitation to Preference Actions Dying on the SBRA Vine?

Oct 2021

No Longer Rolling the Dice: Third Circuit Clarifies the Classification of Gaming Licenses

Oct 2021

Benchnotes September 2021

Sept 2021

Ensuring the Comparability of Comparable Company Multiples

Sept 2021