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Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • September 21 2018

In an overlooked aspect of the recent New York Court of Appeals decision in Cortlandt St. Recovery Corp. v. Bonderman, New York’s high court has


New York Federal Court Holds County Tax Foreclosure May Constitute Fraudulent Conveyance
  • Riker Danzig Scherer Hyland & Perretti LLP
  • USA
  • August 23 2018

The United States District Court for the Western District of New York recently reversed a Bankruptcy Court’s dismissal of an action and held that


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