Benchnotes August 2023
Journal Issue:
Trustee Admonished for Filing Suit Reflecting a ‘Disturbing Lack of Judgment’
Providing an adult child with room and board in the family home is not a fraudulent transfer.
Bartenwerfer Isn’t at Odds with Husky, According to Bankruptcy Judge Margaret Mann
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
Circuit Splits & Hot Topics with Bill Rochelle
District Judge Reads the Safe Harbor Broadly to Immunize a Leveraged Buyout
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.
Supreme Court Holds that Real Estate Tax Foreclosures Can Violate the Takings Clause
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
Court:
Sandy Hook Families Seek to Reverse Payments Alex Jones Made to His Wife
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Section 546(g)'s Safe Harbor Doesn’t Apply in an Assignment for the Benefit of Creditors
A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.