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ABI Journal

Fraudulent Transfers

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

10th Circuit

Creditors Have Standing but Not Authority to Pursue Estate Claims, Third Circuit Says

Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.

3rd Circuit

Judge Romero Explains Why Lenders Can’t Claw Back Retainers Paid by Debtors

The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.

10th Circuit
Colorado

Bankruptcy and Business Valuation in the Current Environment

Oct 2020

Topic Tags
Bankruptcy Litigation
Financial Advisors
Fraudulent Transfers
Plan Confirmation
Valuation
Covid19
Turnaround Issues

Majority of Courts Still Permit Small-Dollar Avoidance Suits in the Debtor’s Home Court

New York district judge agrees with the ABI Journal: Congress did not succeed in requiring trustees to file small-dollar avoidance actions in the defendant’s district.

2nd Circuit
New York
New York Eastern District

Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans

Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?

4th Circuit
North Carolina
North Carolina Eastern District

Tenth Circuit Protects Subsequent Recipients of Fraudulent Transfer with a New Defense

In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.

10th Circuit

New York Decision Shows that Merit Management Is a Dead Letter

The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.

2nd Circuit
New York
New York Southern District

Beware: Closing a Case Quickly Can Preclude Filing New Avoidance Actions

Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).

10th Circuit
New Mexico

Denial of a Claim Doesn’t Divest the Bankruptcy Court of Final Adjudicatory Power

More important law from Madoff: Filing a claim waives the right to a jury trial in district court even if the claim is denied or withdrawn, district judge rules.

2nd Circuit
New York
New York Southern District
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