Fraudulent Transfers

Routine Withdrawals from a Bank Account Aren’t ‘Transfers,’ Eleventh Circuit Says

Receiver barred from bringing aiding and abetting claims if the company was dominated by fraudsters.

Court :

11th Circuit

Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees

The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.

Court :

Supreme Court

Tuesday, June 2, 2020

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BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account

The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.

Court :

1st Circuit

Benchnotes June 2020

Bankruptcy Code

Topic Tags

Inside ABI May 2020

May 2020

Topic Tags

Fraudulent Transfers

Consumer Bankruptcy

International Insolvency

Small Business

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 :

2nd Circuit

Are Avoidance Recoveries Capped in the Amount of Unpaid Claims?

June 2020

Bankruptcy Code

550(a)

Topic Tags

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 :

2nd Circuit

New York

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 :

5th Circuit

Texas

Texas Northern District

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