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Trustee’s Fraudulent Transfer Claims Survive Motion to Dismiss in Connection with Bernie Madoff Ponzi Scheme

On March 14, 2024, the U.S. District Court for the Southern District of New York denied a motion by Citibank, N.A. for leave to file an interlocutory appeal of a bankruptcy court’s order denying a motion to dismiss fraudulent...more

Fraudulent Transfer Claims Against Investors Survive Motions to Dismiss

On October 12, 2022, the U.S. Bankruptcy Court for the Southern District of New York denied motions to dismiss fraudulent transfer claims asserted against certain investors in Tops Holding II Corporation. In 2007, a group of...more

District Court Applies a Broad Definition of “Transfer” Under the Missouri Uniform Fraudulent Transfer Act

On June 21, 2022, the U.S. District Court for the Eastern District of Missouri denied a motion to dismiss a fraudulent transfer claim asserted by the borrower’s lender against the borrower’s principals’ lender. Plaintiff...more

Bankruptcy Court Avoids Loan Obligation as Fraudulent Transfer and Orders the Repayment of Pre-Judgment Payments and Interest

On April 29, 2022, the U.S. Bankruptcy Court for the District of New Jersey avoided a debtor’s $2 million loan obligation and returned $592,875.03 in repayments on that loan—with pre- and post-judgment interest—to the...more

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