September 28, 2020
Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.
September 24, 2020
Ownership of a bank account isn’t enough by itself to make the account holder the initial transferee of a fraudulent transfer.
September 22, 2020
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
August 20, 2020
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
August 7, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
August 3, 2020
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
July 21, 2020
New York district judge agrees with the ABI Journal: Congress did not succeed in requiring trustees to file small-dollar avoidance actions in the defendant’s district.
July 16, 2020
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
July 14, 2020
In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.
June 23, 2020
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.