Fraudulent Transfers

Reducing Litigation Risk Through Transaction Independence: Takeaways from Tribune’s Two-Step LBO

June 2019

Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims

Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.

American Crime Stories: Unusual Fraudulent Conveyances, Insider Transactions and Outright Fraud

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

May 2019

Benchnotes May 2019

May 2019

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.

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.

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.

Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers

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

Using the Ponzi Scheme Presumption? Not So Fast!

June 2019