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Fraudulent Transfers

Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

5th Circuit

It’s Ok to Avoid a Fraudulent Transfer Even if It Makes the Debtor Solvent, Circuit Says

The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.

2nd Circuit

Foreign Sovereign Immunity Bars the Madoff Trustee from Recovering $20 Million

A district judge in New York reversed the bankruptcy court, which had held that a Kuwaiti public pension fund was not entitled to sovereign immunity for having engaged in commercial activity.

2nd Circuit
New York
New York Southern District
Friday, September 22, 2023
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Fraudulent Transfers
Business Reorganization
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MCAs: Lifesavers, or Debt Traps?

Nov 2023

Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Fraudulent Transfers
Plan Confirmation
Preferences
Predatory Lending
Finance and Banking
Investment Banking
Lender Liability
Small Business
Turnaround Issues
Uniform Commercial Code/Article 9

Corporate Credit Analytics

Nov 2023

Bankruptcy Code
11 U.S.C. § 363(o)
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Fraudulent Transfers
Plan Confirmation
Preferences
Business Reorganization
Finance and Banking
Investment Banking

A Trustee’s Guide to Preference Portfolio Monetization

Nov 2023

Topic Tags
Fraudulent Transfers
Preferences

Defending Against a § 544(b)(1) Avoidance Action: With Sovereign Immunity in Question, What Does a State Do?

Nov 2023

Bankruptcy Code
11 U.S.C. § 544
Topic Tags
Bankruptcy Litigation
Fraudulent Transfers
Govt. Claims/Sovereign Immunity

The Use of Mediation in Large Chapter 11 Cases: Useful, Voluntary and Mandatory (Part II)

Nov 2023

Bankruptcy Code
11 U.S.C. § 544
11 U.S.C. § 548
547
Topic Tags
Alternative Dispute Resolution
Bankruptcy Litigation
Fraudulent Transfers
Preferences
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