Given the potential value of fraudulent conveyance claims, an often-litigated issue is who has the standing (or ability) to bring the litigation.
This selection is taken from Advanced Fraudulent Transfers: A Litigation Guide. Interested in purchasing a copy? It's available at our ABI Store.
"the court limited the allowance of the substantial-contribution claim to those fees and expenses directly related to procuring contingency-fee counsel and the costs related to copying records"
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case.
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction.
"[SPV OSUS Ltd. v. UBS AG] is notable for its expression of the Second Circuit’s rather extraordinary view of “related to” bankruptcy jurisdiction."
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.
A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
In re DBSI Inc., offers new precedent that swings the balance back toward debtors and general unsecured creditors at the expense of the IRS.
24:43ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group and Elizabeth Gunn of the Office of the Virginia Attorney General about their new consumer book.
21:15As wild fluctuations in cryptocurrency value invites a potential surge in bitcoin-related bankruptcies, we examines how to approach cryptocurrency in fraudulent-transfer fraudulent-transfer litigation
The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units.
Doing a great forensic fraud analysis is meaningless unless the findings are reported effectively. Learn from the pros how to do it right the first time.
[...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”
High court to decide whether a false oral statement about one asset results in nondischargeability.
Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.
The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.
The issue of nonconsensual third-party releases in chapter 11 plans continues to generate litigation.
