June 2, 2023
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.
May 30, 2023
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
May 16, 2023
A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.
May 5, 2023
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
April 25, 2023
Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.
March 23, 2023
Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.
February 23, 2023
The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).
February 3, 2023
If you want a prejudgment asset freeze, ask for equitable relief and the recovery of specific property, Judge Goldblatt says.
3rd Circuit , Delaware ,
January 18, 2023
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
December 8, 2022
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?