Fraudulent Transfers

‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks

Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.

‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme

With partial success, trustee sues the casino where a fraudster gambled away stolen money.

Cutting-Edge Issues in Avoidance Actions

Making the Right CHOICEs for a SIFI Bankruptcy

Oct 2018

Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says

The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.

A Taxonomy of Tracing Rules: One Size Does Not Fit All

Sept 2018

Bankruptcy Judge Can Enter Final Judgment after a Fraudulent Transfer Bench Trial

The payee of a check isn’t necessarily the transferee of a fraudulent transfer, Chicago judge says.

Benchnotes August 2018

Aug 2018

Colleges Beat Back Another Fraudulent Transfer Suit Aimed at Tuition Payments

Federal student loan proceeds were never the parents’ property and thus could not be recovered by a trustee.

Supreme Court Again Refuses to Define a ‘Transfer’ or an ‘Initial Transferee’

Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.