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Fraudulent Conveyance Claim flounders on procedural shores
  • Baker McKenzie
  • Canada
  • June 28 2018

In Esfahani v. Samimi, 2018 ONCA 516 the Ontario Court of Appeal confirmed that a plaintiff pursuing a fraudulent conveyance or preference must

Supreme Court Resolves Circuit Split Over Application of Section 546(e) to Transactions Involving Conduits
  • Baker & Hostetler LLP
  • USA
  • May 31 2018

The Supreme Court’s recent decision in Merit Mgmt. Group, LP v. FTI Consulting, Inc., 138 S.Ct. 883 (2018), held that transfers made by and to

The Demise of Domestic Asset Protection Trusts?
  • Greenspoon Marder LLP
  • USA
  • May 3 2018

The Supreme Court of Alaska did not destroy the utility of domestic asset protection trusts (DAPTs) in its decision in Toni 1 Trust v. Wacker - but

First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims
  • Schulte Roth & Zabel LLP
  • USA
  • March 28 2018

This article discusses a recent U.S. Court of Appeals for the First Circuit decision holding that the debt-financed purchase of a business was not a

Tapping Their Toes to a Longer Tune: Trustees are Stepping into the Shoes of the IRS to Recover Fraudulent Transfers Up to Ten Years After They Were Made
  • Hopkins & Carley
  • USA
  • March 26 2018

Can a bankruptcy trustee recover a fraudulent transfer made six, eight, ten years ago? Bankruptcy courts around the country are answering that

Unwinding an LBO Transaction in Bankruptcy Made Easier
  • Pepper Hamilton LLP
  • USA
  • March 19 2018

Fraudulent conveyance litigation arising from failed leveraged buyout transactions is frequently pursued in bankruptcy proceedings as the sole source

Restructuring and insolvency: The position of creditors in Luxembourg
  • NautaDutilh
  • Luxembourg, Global
  • March 16 2018

A structured guide to the position of creditors in relation to restructuring and insolvency in Luxembourg

Narrower Harbors: Supreme Court Holds that 546(e) Securities Safe Harbor Does Not Protect Transfers in Which Financial Institution Is Only a Conduit
  • Caplin & Drysdale, Chartered
  • USA
  • March 15 2018

The Bankruptcy Code provides bankruptcy trustees, debtors, and creditor committees with "avoidance powers" that allow them to set aside and recover

Supreme Court Rejects 546(e) Safe Harbor for “Conduit Transactions”
  • Weil Gotshal & Manges LLP
  • USA
  • March 8 2018

Last week, in Merit Management Group, LP v. FTI Consulting, Inc.1 the Supreme Court settled a split in the circuit courts, unanimously holding that

When Victims Attack Other Victims of the Same Fraudulent Scheme: The Doctrines of Corporate Identification and Knowing Assistance in DBDC Spadina Ltd. v. Walton
  • McCarthy Tétrault LLP
  • Canada
  • March 8 2018

The recent decision of the Ontario Court of Appeal in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 is significant for being one of the first to cite the