Fraudulent Transfers | ABI

Benchnotes June 2020

Bankruptcy Code

Topic Tags

Fraudulent Transfers

Plan Confirmation

Inside ABI May 2020

Topic Tags

Fraudulent Transfers

Consumer Bankruptcy

International Insolvency

Madoff Trustee Granted Another Direct Appeal to the Second Circuit

Overturning District Judge Rakoff a second time will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

Court :

Are Avoidance Recoveries Capped in the Amount of Unpaid Claims?

Bankruptcy Code

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Bankruptcy Litigation

Fraudulent Transfers

New York Bankruptcy Judge Declines to Follow Enron Decision by SDNY District Judge

Claims traders are put on notice: Purchasing a claim doesn’t insulate the buyer from disallowance under Section 502(d).

Court :

New York Southern District

‘Triggering’ Creditor’s Claim Need Not Be Static Under Section 544(b)(1)

Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.

Court :

Texas Northern District

Tuesday, April 21, 2020

Article Tags

Bankruptcy Litigation

Fraudulent Transfers

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Cashier’s Checks and Ordinary Checks Are Treated the Same Under Barnhill

The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.

Court :

Oklahoma Western District

Solicitor General Sides with the Madoff Trustee on Suing Foreign Subsequent Transferees

Denying ‘cert’ will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

Court :

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

Court :

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