Fraudulent Transfers

Tuesday, November 3, 2020

Article Tags

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

Court :

5th Circuit

Texas

Texas Southern District

Monday, October 26, 2020

Article Tags

Fraudulent Transfers

Consumer Bankruptcy

International Insolvency

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

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).

Court :

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.

Court :

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.

Court :

10th Circuit

New Mexico

Thursday, October 15, 2020

Article Tags

Business Reorganization

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Thursday, October 15, 2020

Article Tags

Court Administration

Fraud

Fraudulent Transfers

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Fifth Circuit Again Says: No ‘Futility Defense’ Under the Texas UFTA

Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.

Court :

5th Circuit