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Fraudulent Transfers

A Taxing Situation: Valuing Distressed Companies in a Post-Tax-Reform World

May 2019

Bankruptcy Code
11 U.S.C. § 363
CHAPTER 11 - Reorganization
Topic Tags
Bankruptcy Litigation
Financial Advisors
Fraudulent Transfers
Plan Confirmation

Benchnotes May 2019

May 2019

Bankruptcy Code
106
11 U.S.C. § 548
550
Topic Tags
Administrative Expense Claims
Automatic Stay
BAPCPA at 10
Claims
Bankruptcy Litigation
Creditors' Committee
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Venue/Jurisdiction
Consumer Bankruptcy
Business Reorganization
Govt. Claims/Sovereign Immunity
Puerto Rico
Real Estate
Unsecured Trade Creditors

Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit

Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.

3rd Circuit
Delaware

Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

6th Circuit

Second Circuit Allows Extraterritorial Application of Sections 548 and 550

Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.

2nd Circuit

Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers

Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’

3rd Circuit

Is the IRS Truly the Triggering “Golden Creditor” for Statute-of-Limitations Purposes for Trustees?

April 2019

Topic Tags
Bankruptcy Litigation
Fraudulent Transfers
Business Reorganization

Using the Ponzi Scheme Presumption? Not So Fast!

June 2019

Bankruptcy Code
11 U.S.C. § 544
11 U.S.C. § 548
547
Topic Tags
Fraudulent Transfers
Preferences

Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition

Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.

2nd Circuit
Connecticut

Gambling Markers: New Value or No Value?

June 2019

Bankruptcy Code
547
Topic Tags
Fraudulent Transfers
Preferences
Valuation
Consumer Bankruptcy
Consumer Debt
Hospitality, Entertainment Venues and Gaming
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