Fraudulent Transfers

Can’t Touch This: Pre-Petition Liens Fail to Reach Chapter 5 Actions

Jan 2025

Asset-Tracing

Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt

To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.

Benchnotes December 2024

Dec 2024

Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)

Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.

Scrutinizing Legal Schemes in the Courts to Uncover Fraud: Comments on Equity and Justice

Dec 2024

Debt Market Efficiency

Nov 2024

Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management

The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

Common Valuation Errors: The DCF Methodology

Nov 2024

The Time Has Come to Reconsider Whether Trustees Are Subject to In Pari Delicto

Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.