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Fraudulent Transfers

The Circuits Are Split: Are Referral Fees Paid by a Ponzi Scheme Avoidable?

Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.

10th Circuit
Utah

Removing a Beneficiary of a Revocable Trust Isn’t a Fraudulent Transfer

An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.

9th Circuit
California
California Central District

Surviving a Data Breach While Navigating the Waters of Distress

Jan 2021

Topic Tags
Corporate Governance
Fraud
Fraudulent Transfers
Practice and Procedure
Covid19
Turnaround Issues

Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).

4th Circuit
North Carolina
North Carolina Western District
Tuesday, November 3, 2020
Article Tags
Claims
Court Administration
Fraud
Fraudulent Transfers
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Houston Judge Rejects Tenth Circuit Opinion Immunizing Subsequent Transferees

Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.

5th Circuit
Texas
Texas Southern District
Monday, October 26, 2020
Article Tags
Fraudulent Transfers
Consumer Bankruptcy
International Insolvency
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Detroit Judge Criticizes the Second Circuit’s Tribune Decision on the Safe Harbor

The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).

6th Circuit
Michigan
Michigan Eastern District

On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says

Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.

1st Circuit
Massachusetts

Bankruptcy Judge Won’t Follow BAP Authority on Derivative Standing for Creditors

Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.

10th Circuit
New Mexico
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