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Fraudulent Transfers

Tuesday, April 21, 2020
Article Tags
Claims
Bankruptcy Litigation
Fraud
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.

10th Circuit
Oklahoma
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.

2nd Circuit

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.

10th Circuit
Colorado

Puerto Rico Bondholders Lose Another Appeal in the First Circuit

The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.

1st Circuit

Ninth Circuit Creates a Legal Fiction to Uphold Recovery of an Unauthorized Transfer

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.

9th Circuit

Lawyer for Madoff Customer Slapped with $57,347 Discovery Sanction

Calling the Madoff trustee a liar and basing a discovery motion on facts known to be false resulted in sanctions under Rule 37(a)(5)(B).

2nd Circuit
New York
New York Eastern District

The Good-Faith Defense to Fraudulent-Transfer Claims

May 2020

Bankruptcy Code
548(a)(1)(A)
550(a)
550(a)(2)
548
550
Topic Tags
Bankruptcy Litigation
Fraud
Fraudulent Transfers
Finance and Banking
SEC Issues
Monday, March 16, 2020
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
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

To Impair an Exemption, Judicial Lien Must Attach to Property the Debtor Already Owns

A judicial lien may be avoided under Section 522(f) only if the lien attached after the debtor acquired the property.

2nd Circuit
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