Fraudulent Transfers

Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law

Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.

Court :

11th Circuit

Florida

Florida Southern District

Lessors Beware: Lease Termination Might Give Rise to Fraudulent Transfer or Preference Claims

May 2017

Bankruptcy Code

11 U.S.C. § 548

Topic Tags

Bankruptcy Litigation

Centralized Cash-Management and Avoidance Actions (Part II): Contemporaneous-Exchange Defense and More Headaches

Bankruptcy Code

Topic Tags

Benchnotes April 2017

April 2017

Topic Tags

Automatic Stay

Claims

Bankruptcy Litigation

Fraudulent Transfers

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Tuition PLUS Loan Proceeds: Do They Withstand Fraudulent Transfer Analysis?

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Consumer Bankruptcy

Consumer Debt

Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days

Community property homestead rights are lost if only one spouse files bankruptcy.

Court :

5th Circuit

Sixth Circuit Pens Major Decision on Duty to Investigate Suspicions of Fraud

Madoff and Sixth Circuit have differing formulations about the ‘good faith’ defense for a recipient of a fraudulent transfer.

Court :

6th Circuit

Terminating a Contract Is a Transfer of an Asset — Sometimes

Judge Higginbotham has been busy writing important opinions.

Court :

5th Circuit

Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

Court :

5th Circuit

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