Sixth Circuit Holds that Tax Foreclosure Violates the Takings Clause of the Constitution
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
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New Jersey Construction Company Operator Indicted for Tax Crimes and Bankruptcy Fraud
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Another Court Holds that a Debtor Has a Property Interest in Contracts, Not Customers
Once the debtor loses the right to do business, taking customers for no consideration isn’t a fraudulent transfer, Judge Isgur holds.
To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
Madoff Trustee Scores Another Major Victory in the Second Circuit
The appeals court rules that the Madoff trustee is entitled to summary judgment together with prejudgment interest at 4%.
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Indiana Bankruptcy Judge Narrowly Reads the Section 546(e) Safe Harbor
Although a stock purchase and a loan payoff were only one month apart, the two transactions lacked a sufficient nexus to invoke the safe harbor, Bankruptcy Judge James Carr said.
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Salary Paid by a Ponzi-Schemer Isn’t Necessarily a Fraudulent Transfer, Circuit Says
The Tenth Circuit dealt with the thorny question of which expenses paid by a Ponzi-schemer are fraudulent transfers.
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