Joining the Eighth and Ninth Circuit Courts of Appeals, the Fifth Circuit Court of Appeals recently held that a debtor or trustee can sell its avoidance actions to third-party, non-estate representatives. See Briar Capital...more
Traditional avoidance actions under the Bankruptcy Code, i.e., preferences and fraudulent transfers, have laudable goals: (a) to provide equal treatment to creditors of an insolvent company and (b) to claw back otherwise...more
7/2/2021
/ Avoidance ,
Bankruptcy Code ,
Chapter 7 ,
Clawbacks ,
Commercial Bankruptcy ,
Construction Contracts ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Fraudulent Transfers ,
Pleading Standards ,
UFTA