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In Madoff Fraudulent Transfer Cases, Bankruptcy Court Focuses on Intent of the Transferees
  • Weil Gotshal & Manges LLP
  • USA
  • April 29 2016

The latest in a line of fraudulent transfer decisions in the Madoff case has added to the case-law regarding what level of knowledge is needed to

EuroResourceDeals and Debt - April 2016
  • Jones Day
  • France, Italy, USA
  • April 21 2016

In In re Berau Capital Resources Pte Ltd, 540 B.R. 80 (Bankr. S.D.N.Y. 2015), the US Bankruptcy Court for the Southern District of New York recently

Second Circuit Limits Creditors’ Ability to Claw Back LBO Payments
  • Dechert LLP
  • USA
  • April 15 2016

A recent decision by the U.S. Court of Appeals for the Second Circuit, In re Tribune Company Fraudulent Conveyance Litigation, represents a

Tranquil waters once again in the safe harbor: Bankruptcy safe harbor protects shareholders from state constructive fraud claims
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 13 2016

Shareholders who received nearly $8 billion from the Tribune Company leveraged buyout (LBO) do not have to give back that money as a constructive

Second Circuit Upholds Bankruptcy "Safe Harbor" for Securities Transactions
  • Thompson Hine LLP
  • USA
  • March 31 2016

The U.S. Court of Appeals for the Second Circuit recently ruled that constructive fraudulent conveyance claims arising under state law are preempted

Second Circuit Holds Safe Harbor Defense Bars Creditors’ State Law Fraudulent Transfer Claims
  • Schulte Roth & Zabel LLP
  • USA
  • March 29 2016

Creditors of a Chapter 11 debtor asserting “state law, constructive fraudulent transfer claims are preempted by Bankruptcy Code Section 546(e),”

Tenth Circuit Holds Default Judgments for Violations of Securities Laws Must be Given Preclusive Effect in Non-dischargeability Actions Under Section 523(a)(19)
  • Holland & Hart LLP
  • USA
  • March 1 2016

The Tenth Circuit has in the past refused to give preclusive effect in bankruptcy non-dischargeability actions brought under 523(a)(2) to

Recent Developments in Bankruptcy Law, January 2016
  • Jenner & Block LLP
  • USA
  • January 31 2016

Prejudgment asset freeze order on SEC’s motion does not violate the automatic stay. In an SEC action for securities law violations, the district

Second Circuit Wyly’ing Out? Asset Freeze Order Doesn’t Violate the Automatic Stay
  • Weil Gotshal & Manges LLP
  • USA
  • January 27 2016

Recently, in SEC v. Miller, No. 14-4261-cv (2d Cir. Dec. 18, 2015), the Second Circuit held, among other things, that a postpetition asset freeze

Funds talk: December 2015
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • December 3 2015

Chapter 11 bankruptcy cases are typically lengthy and expensive, potentially lasting years and costing millions of dollars in fees and expenses. One