Skip to main content
Help Center
ABI Journal

Fraudulent Transfers

Sixth Circuit Splits with the Second over the Wagoner Rule on Standing

Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.

6th Circuit

Fifth Circuit and Texas Supreme Court Part Company on Ponzi Fraudulent Transfers

Fifth Circuit reluctantly lets a trade supplier off the hook for a fraudulent transfer from a Ponzi scheme.

5th Circuit

Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz

Appellate court cannot draw inferences not made in the trial court, circuit says.

5th Circuit

Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says

Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules.

7th Circuit

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit
New York
New York Southern District

California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine

Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.

9th Circuit

Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit

Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.

7th Circuit

Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor

Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.

3rd Circuit
Delaware

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

8th Circuit
Minnesota

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

8th Circuit
Minnesota
Subscribe to %1