North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.
A gaming license in Pennsylvania is a revocable ‘privilege.’
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.
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.