Fraudulent Transfers

Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’

In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability

Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Understanding Retail Bankruptcy

Nov 2017

Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer

Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.

Third-Party Releases Approved Without Awaiting the Outcome of Merit Management

Third-party releases would have been approved even if there were no ‘safe harbor’ defense.

Benchnotes November 2017

Nov 2017

Ninth Circuit Splits with Seventh on Sovereign Immunity and Derivative Suits by a Trustee

Ninth Circuit criticizes the Seventh for making the sovereign immunity waiver meaningless for Section 544(b)(1) suits.

Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery

Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.

Great Debates