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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

IRAs and 401(k)s Are Safe From Judgments - For Now
  • Nexsen Pruet
  • USA
  • February 6 2018

In a recent decision, the South Carolina Court of Appeals considered whether post-judgment contributions to an IRA, 401(k) plan, and a College 529

Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
  • Jones Day
  • USA
  • February 2 2018

Courts disagree as to whether the amount that a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP" ) can recover in fraudulent transfer

Insolvency Law Committee E-Bulletin:
  • Calbar BLS
  • USA
  • January 22 2018

DZ Bank AG Deutsche Zentral-Genossenschaft Bank v. Meyer

First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims
  • Schulte Roth & Zabel LLP
  • USA
  • December 12 2017

Courts have recently rejected fraudulent transfer and fiduciary duty attacks on transactions undermined by unforeseen events and the “global financial