Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
Court:
All Things Ethics
Please sign in to access Materials or click here to join ABI.
Reports by Risk Management Association Admissible to Prove ‘Ordinary Course’ Defense
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
Court:
Hot Topics in Subchapter V and Consumer Bankruptcy Cases
A Discussion of Critical Issues and Practical Tips for the Subchapter V Trustee and Practitioner
Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure
Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
Court:
Payments Made with Insurance Nevertheless Were Preferences, District Judge Says
Payments from insurance must be properly structured to avoid preference liability.