Fraudulent Transfers

The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

Court :

2nd Circuit

Common Valuation Errors: The DCF Methodology

Nov 2024

Topic Tags

Alternative Dispute Resolution

Asset Sales

Bankruptcy Litigation

Business Reorganization

Investment Banking

Real Estate

Retail

Unsecured Trade Creditors

The Time Has Come to Reconsider Whether Trustees Are Subject to In Pari Delicto

Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.

Court :

8th Circuit

Fraudulent Transfer Suit Does Not Require Injury to Creditors, Circuit Says

A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.

Court :

9th Circuit

Second Circuit Allows Sale of ‘General’ Claims Subject to a Creditor’s Disputed Lien

Second Circuit leaves open the question of whether a trustee can sell a ‘general’ or ‘derivative’ claim that’s subject to a valid lien held by a creditor.

Court :

2nd Circuit