Fraudulent Transfers

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine

Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.
Court: 

Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit

Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.
Court: 

Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor

Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal

Can substantive consolidation eradicate a defendant’s affirmative defense?
Court: 

Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability

Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.

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