Fraudulent Transfers

Houston Judge Rejects Tenth Circuit Opinion Immunizing Subsequent Transferees

Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.

Detroit Judge Criticizes the Second Circuit’s Tribune Decision on the Safe Harbor

The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).

On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says

Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.

Bankruptcy Judge Won’t Follow BAP Authority on Derivative Standing for Creditors

Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.

Fifth Circuit Again Says: No ‘Futility Defense’ Under the Texas UFTA

Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.