Business Restructuring Review Vol. 24, No. 3 | May–June 2025

Bankruptcy trustees and chapter 11 debtors-in-possession (“DIPs”) frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable non-bankruptcy laws because the statutory “look-back” period for avoidance under many non-bankruptcy laws exceeds the two-year period governing avoidance actions under section 548.

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