Fraudulent Transfers

Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal

Can substantive consolidation eradicate a defendant’s affirmative defense?

Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability

Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.

Fraudulent Transfer Litigation

Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

Madoff Trustee Nearing His First Judgment after Seven Years of Litigation

Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.

Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern

Posner chides bankruptcy judge for reluctance to enter money judgment.

Madoff Investor’s Suspicion of Fraud Does Not Generate Greater Liability

The right paper trail helps avoid liability for profiting from a Ponzi scheme.

Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors

Creditor can sue when a chapter 13 trustee won’t or can’t.