Unlocking Potential: The Art of Effective Workplace Mentorship
A Brave New World: Use of Technology and Ethical Considerations in Post-Pandemic Practice
Transitioning from a junior bankruptcy associate to a mid-level bankruptcy associate can sometimes feel like climbing the staircases at Hogwarts: difficult and uneasy at first, but it eventually becomes second nature. As a junior associate, one learns the fundamentals of bankruptcy law, fine-tunes research skills, and finds an understanding of how to work with managing and senior associates and partners. Stepping into a mid-level position requires letting go of the handrails and transitioning into managing up and down, engaging with clients, and running the day-to-day of cases.
How do you show that a legal entity acted with intent to defraud its creditors for purposes of an avoidance action asserted under Bankruptcy Code § 548(a)(1)(A)? After all, legal entities themselves cannot form an intent; they can only act through their officers, directors or agents. In an action to avoid a fraudulent transfer, courts determine the transferring legal entity’s intent by imputing the intent of its agents to the legal entity.