Fraudulent Transfers

BAP Won’t Recharacterize a Loan and Guarantee and Found No Fraudulent Transfer

The debtor’s payment on a personal guarantee was no fraudulent transfer because the debtor had received reasonably equivalent value in the forms of salary and ownership in a business that ended up being worth nothing.

Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

Whether a Fraudulent Transfer Claim Is ‘Direct’ or ‘Derivative’ Depends on Point of View

A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.