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Fraudulent conveyance clawback: the "good faith" defense

  • Ropes & Gray LLP
  • -
  • USA
  • -
  • 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

WaMu court allows equity committee to pursue “equitable disallowance” of noteholder claims based on allegations of insider trading

  • Ropes & Gray LLP
  • -
  • USA
  • -
  • September 22 2011

On September 13, 2011, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware granted standing for an equity committee in In re Washington Mutual, Inc. (“WaMu”) to seek “equitable disallowance” of claims held by noteholders that had traded claims after engaging in negotiations with WaMu over the terms of a global restructuring