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Appeals › Bankruptcy Code › Avoidance

Dorsey & Whitney LLP

The Supreme Court Update - March 27, 2025

Dorsey & Whitney LLP on

Yesterday, the Supreme Court of the United States issued two decisions: Bondi v. VanDerStok, No. 23-852: This case addresses a statutory challenge to ATF regulations designed to prohibit ghost guns—privately made...more

Herbert Smith Freehills Kramer

Second Circuit Holds Trustee’s Recovery of Fraudulent Transfer Is Not Double Recovery

Herbert Smith Freehills Kramer on

In Jones v. Brand Law Firm, P.A. (In re Belmonte), Case No. 18-2098-bk (2d Cir. July 25, 2019), the Second Circuit affirmed both the bankruptcy court and district court decisions that found the Trustee was not barred by 11...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Avoidance Actions Under Section 544(b): State Fraudulent Transfer Statutes and More

Patterson Belknap Webb & Tyler LLP on

Creditors’ recoveries often hinge on claw-back lawsuits that trustees bring under bankruptcy law and non-bankruptcy law. Trustees can file claims based on non-bankruptcy law because Bankruptcy Code section 544(b) allows them...more

Tucker Arensberg, P.C.

Are College Tuition Payments Subject to Claw Back by Bankruptcy Trustees? - It Depends.

Tucker Arensberg, P.C. on

Bankruptcy Courts throughout the country are split on the socially charged issue of whether tuition payments made by parents for their adult children can be recovered by a bankruptcy trustee as “constructively fraudulent”...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Allows Avoidance Actions Against Foreign Transferees in Madoff Proceeding

Skadden, Arps, Slate, Meagher & Flom LLP on

On February 25, 2019, the U.S. Court of Appeals for the Second Circuit vacated the bankruptcy court’s dismissal of avoidance actions brought by Irving Picard, the trustee (Trustee) for the liquidation of Bernard L. Madoff...more

A&O Shearman

A Matter of Preference: Court of Appeals for the Eleventh Circuit Holds That the Bankruptcy Code Does Not Require New Value to...

A&O Shearman on

On August 14, 2018, the United States Court of Appeals for the Eleventh Circuit issued a decision holding that section 547(c)(4) of the Bankruptcy Code, which provides a defense to the avoidance of preferential transfers to...more

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