Fraudulent Transfers

Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision

Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.

Sixth Circuit Permits Nondebtor Family Members to Continue the Family Business

Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.
Court: 

‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court

Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.

Ponzi-Schemer’s Assistant Liable Under UFTA Even Without Knowledge of Fraud

Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.
Court: 

Safe Harbor Bars Foreign Liquidators from Recovering Money Stolen in the U.S.

Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.

Pages