TOUSA III: lenders beware? Eleventh Circuit upholds bankruptcy court's original fraudulent transfer decision *

USA - May 17 2012
On May 15, 2012, the Eleventh Circuit Court of Appeals (the “Circuit Court”) issued an opinion in In re TOUSA, Inc., in which it affirmed the original decision of the bankruptcy court and reversed the appellate decision of the district court.

Co-authors: Brian Trust.

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In re TOUSA—Florida District Court Reverses and Quashes Bankruptcy Court Fraudulent Transfer Decision *

USA - February 14 2011
On February 11, 2011, Judge Alan S. Gold of the United States District Court for the Southern District of Florida issued a 113-page opinion in In re TOUSA, Inc. (the “District Court decision”) in which he reversed the TOUSA bankruptcy court’s decision.

Co-authors: Andrew D. Shaffer, Brian Trust, Howard S. Beltzer.

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Recent bankruptcy decisions demonstrate importance of structuring considerations in financings of public-private partnerships *

USA - August 26 2010
The recent bankruptcy filings by infrastructure companies Connector 2000 Association Inc., South Bay Expressway, L.P., California Transportation Ventures, Inc., and the Las Vegas Monorail Company have tested the structures utilized to implement public-private partnerships (P3s) in the United States in several respects.

Co-authors: George K. Miller, David Narefsky.

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US Third Circuit further defines bankruptcy courts’ ability to enjoin actions between non-debtor affiliates and third parties *

USA - March 11 2010
In a decision that reaffirms its previous rulings on the jurisdictional limits of bankruptcy courts, the US Court of Appeals for the Third Circuit recently held in W.R. Grace & Co. v. Chakarian (In re W.R. Grace & Co.) that bankruptcy courts lack subject matter jurisdiction over third-party actions against non-debtors if such actions could affect a debtor’s bankruptcy estate only following the filing of another lawsuit.

Co-authors: Brian Trust.

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Viability of guaranty “savings clauses” questioned by Florida bankruptcy court decision *

USA - December 2 2009
To promote equal treatment of creditors, the US Congress has armed debtors with the power to bring suit to recover a variety of pre-bankruptcy transfers.

Co-authors: Brian Trust.

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