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ABI Journal

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.

Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses

Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.

Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

Justices search for a ruling that limits Section 546(e) but isn’t too broad.

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

Tuesday, October 17, 2017
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Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial

Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.