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Fraudulent Transfers

Extraterritoriality of Avoiding Powers Goes to the Second Circuit

A split of circuits will result if the Second Circuit does not reverse a Madoff decision.

2nd Circuit

No Statute of Limitations Bar from Asserting a New Theory of Recovery

If a preference theory fails, try fraudulent transfer.

7th Circuit
Illinois
Illinois Northern District

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law

Venezuela let off the hook for expropriating assets.

3rd Circuit

Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor

Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.

3rd Circuit
Delaware

The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit

Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’

2nd Circuit
New York
New York Southern District

Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS

Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).

9th Circuit

Courts Shifting to Say Corporate ‘S’ Status Is Not Property

Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.

4th Circuit
Virginia
Virginia Eastern District

Benchnotes February 2018

Feb 2018

Bankruptcy Code
106
11 U.S.C. § 363(m)
11 U.S.C. § 365
11 U.S.C. § 544
11 U.S.C. § 548
328
364
503
707
1109
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Fraud
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability
Business Reorganization
First-day Motions
Real Estate
Unsecured Trade Creditors

Was ATP Oil Correctly Decided? Fifth Circuit Affirms Dismissal of Challenges on Dividends Declared on Eve of Bankruptcy

Feb 2018

Topic Tags
Bankruptcy Litigation
Corporate Governance
Fraudulent Transfers

No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer

Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.

3rd Circuit
Delaware
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