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Fraudulent conveyance clawback: the "good faith" defense

Ropes & Gray LLP
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USA
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October 26 2010

In a much-followed case given the recent publicity surrounding collapsed Ponzi schemes, the U.S. District Court for the Southern District of New York on September 17, 2010 reversed a decision of the Bankruptcy Court from the Southern District of New York that had broadened the scope of those facts and circumstances that may trigger inquiry notice under the "good faith" defense to a fraudulent conveyance claim

Leveraged buyouts and fraudulent transfers: how susceptible are you to avoidance?

Cadwalader Wickersham & Taft LLP
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USA
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February 10 2010

As the economy boomed in 2005-2007 and leverage increased to staggering levels, LBOs took a prominent place in the deal economy

Automatic stay may be extended to enjoin non-debtors

Chadbourne & Parke LLP
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USA
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August 18 2010

The automatic stay is one of the most fundamental bankruptcy protections

Bankruptcy Court adopts Madoff trustee’s method of determining “net equity”

Squire Sanders
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USA
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April 28 2010

The United States Bankruptcy Court for the Southern District of New York issued an important ruling on March 1, 2010 in the Securities Investor Protection Act (SIPA) liquidation of Bernard L. Madoff Investment Securities LLC (Madoff Securities), adopting the trustee’s method of determining “net equity” for purposes of distributing “customer property” and Securities Investor Protection Corporation (SIPC) funds under SIPA

Fifth Circuit treats severance payments to insider as fraudulent transfers under 2005 Bankruptcy Code amendment

Schulte Roth & Zabel LLP
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USA
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March 5 2010

The U.S. Court of Appeals for the Fifth Circuit held on Feb. 10, 2010, that a corporate debtor’s pre-bankruptcy severance payments to its former chief executive officer (“CEO”) were fraudulent transfers

11th Circuit upholds fraudulent transfer claims against lenders in TOUSA

Blank Rome LLP
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USA
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June 14 2012

In a recent decision, Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA, Inc.), 2012 US App. LEXIS 9796 (11th Cir. May 15, 2012), the 11th Circuit Court of Appeals overturned a district court decision which had forcefully quashed a bankruptcy court decision to avoid, as a fraudulent transfer, a $400 million settlement and loan repayment by a parent company to a group of lenders (the “Transeastern lenders”

In re Lancelot Investors Fund, L.P

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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June 27 2012

A bankruptcy judge in Illinois recently determined that the Bankruptcy Code’s “safe harbor” provisions (11 U.S.C. 546(e), (g)) apply to payments made to innocent investors who unwittingly put money into a “Ponzi” scheme

International regulatory update 10-14 December 2012

Clifford Chance LLP
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European Union, Germany, Hong Kong, Italy, Spain, United Kingdom, USA
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December 17 2012

The European Council (Heads of State or Government) has published the conclusions from its meeting on 13 and 14 December 2012, at which it agreed on a roadmap for the completion of the Economic and Monetary Union

Assignee creditors are protected by Code’s fraud provisions

Reed Smith LLP
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USA
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July 31 2007

Assignee creditors are protected by the provision of the Bankruptcy Code that prevents debtors from obtaining a discharge for debts obtained through fraud, the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit has held

SIPC trustee's definition of net equity adopted in Madoff case

Winston & Strawn LLP
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USA
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March 8 2010

On March 1st, the bankruptcy court overseeing the bankruptcy proceedings and SIPA liquidation of Bernard L. Madoff Investment Securities upheld the SIPC trustee's method for determining the net equity held by the victims of Madoff's fraud

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Search results

Fraudulent conveyance clawback: the "good faith" defense

Leveraged buyouts and fraudulent transfers: how susceptible are you to avoidance?

Automatic stay may be extended to enjoin non-debtors

Bankruptcy Court adopts Madoff trustee’s method of determining “net equity”

Fifth Circuit treats severance payments to insider as fraudulent transfers under 2005 Bankruptcy Code amendment

11th Circuit upholds fraudulent transfer claims against lenders in TOUSA

In re Lancelot Investors Fund, L.P

International regulatory update 10-14 December 2012

Assignee creditors are protected by Code’s fraud provisions

SIPC trustee's definition of net equity adopted in Madoff case

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