Fraudulent Transfers

Terminating a Contract Is a Transfer of an Asset — Sometimes

Judge Higginbotham has been busy writing important opinions.

Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History

A bank deposit is only a substitution, not a transfer of property, circuit holds.

Benchnotes March 2017

March 2017

BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning

Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.

Recent Updates to the Uniform Fraudulent Transfer Act

Judge Bonapfel Sides with Fifth Circuit on ‘Equivalent Value’ in Ponzi Schemes

Innocent suppliers to Ponzi schemes are given protection from fraudulent transfer claims.

Paying the Owners Taxes as a Fraudulent Conveyance Maybe Not

Apr 2013

Trouble with the Curve: How Standard Deviation Can Lead Preference Analyses Astray

Mar 2015

Creating a Defensible Border Reasonable Limits on Post-Stern Bankruptcy Jurisdiction

Jul 2013