Fraudulent Transfers | ABI

Benchnotes October 2024

Bankruptcy Code

11 U.S.C. § 363(f)

the Debtor and the Estate›Subchapter II - Debtor's Duties and Benefits›522

the Debtor and the Estate›Subchapter III - The Estate›541

11 U.S.C.A. § 544(b); 11 U.S.C.A. § 548; 11 U.S.C.A. § 550;

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Plan Confirmation

Practice and Procedure

Business Reorganization

Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights

A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.

Court :

Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure

Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.

Court :

BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance

The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.

Court :

Supreme Court to Rule on Waiver of Sovereign Immunity for Suits Under Section 544(b)(1)

To resolve a circuit split, the Supreme Court has agreed to decide whether a trustee can sue the government to recover a fraudulent transfer under state law when sovereign immunity would bar an ‘actual creditor’ from suing.

Court :

Benchnotes August 2024

Bankruptcy Code

11 U.S.C. § 502(c)

11 U.S.C. § 544

Topic Tags

Bankruptcy Litigation

Creditors' Committee

Fraudulent Transfers

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

As Subsequent Transferees, Churches Must Cough Up Fraudulent Transfers

Judge Huennekens explained that a church’s immunity for receipt of a constructively fraudulent transfer only applies if the transferor was an individual and the transferor was the debtor.

Court :

Virginia Eastern District

Advanced Fraud-Based Litigation

Bankruptcy Code

Topics

Bankruptcy Litigation

Fraudulent Transfers

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Early Edition with Bill Rochelle

Bankruptcy Code

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Discharge/Dischargeability

International Insolvency

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