Fraudulent Transfers

Case Law and Rules Update: Parts I and II

Presumptively Fraudulent Transfer Isn’t Enough to Appoint a Trustee, First Circuit Holds

First Circuit is uncharacteristically lenient on debtors in the context of a motion for a trustee.

Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia

A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.

‘Cert’ Petition Seeks to Resolve Circuit Split on What’s a ‘Transfer’

High court should grant review to ensure fraudsters don’t escape consequences.

Unjust Enrichment or Fraudulent Transfer? Try Both

Sept 2017

Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue

Chapter 11 committees achieve standing more readily than chapter 13 debtors.

Battle for Bucks: Chapter 7 Trustee Lawsuits Against Noncreditors of Family-Owned Businesses

Sept 2017

Circuits Split on Objective vs. Subjective Value for Fraudulent Transfer Consideration

Eleventh Circuit goes ‘objective’ while Fifth Circuit remains ‘subjective’ on value for constructive fraudulent transfers.

Benchnotes August 2017

Aug 2017