Fraudulent Transfers

ABI Talks: Impact on Bankruptcy Practice of Five Recent Supreme Court Decisions or Pending Decisions: Part I

A Pennsylvania Gambling License Isn’t ‘Property’ Recoverable as a Fraudulent Transfer

Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.

Second Circuit Again Applies the ‘Safe Harbor’ to Protect Selling Shareholders in an LBO

The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.

Returning a Fraudulent Transfer Absolves the Recipient of Liability, Fifth Circuit Rules

Assisting a debtor in effecting a fraudulent transfer with ‘actual intent’ isn’t enough to hold the transferee liable.

The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice

The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice

Supreme Court Update: No Decision Soon on Extraterritorial Fraudulent Transfers

The Supreme Court wants the government’s opinion about comity and the extraterritorial application of Sections 548 and 550.

Benchnotes January 2020

Jan 2020

First Circuit Starkly Holds that Tuition for an Adult Child Is a Fraudulent Transfer

The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.