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Fraudulent Transfers Debtors Summary Judgment

DLA Piper

Delaware Bankruptcy Court Clarifies Broad Scope of Fraudulent Transfer Claims

DLA Piper on

The US Bankruptcy Court for the District of Delaware recently reaffirmed but limited the holding of In re DSI Renal Holdings, LLC, which held that under Third Circuit law, neither debtors nor trustees could bring fraudulent...more

Jones Day

Delaware Bankruptcy Court: Applying Credit Pressure on Financially Distressed Debtor Scuttles Ordinary Course Payment Preference...

Jones Day on

The power of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to avoid pre-bankruptcy preferential transfers is an important tool designed to promote the bankruptcy policy of equality of distribution and to...more

King & Spalding

Bankruptcy Court Avoids Debtors’ Guarantee as a Fraudulent Transfer

King & Spalding on

On May 4, 2022, the U.S. Bankruptcy Court for the District of Hawaii avoided, as fraudulent transfers, debtors’ guarantee of an affiliate entity’s preexisting debts. In 2019, Tianjin Dinghui Hongjun Equity Investment...more

Arnall Golden Gregory LLP

You Never Give Me Your Money: Initial Recipient of Funds is Not Always a “Transferee” Liable for Fraudulent Transfers

In a recent summary order in an appeal from a bankruptcy court, the United States Court of Appeals for the Second Circuit reaffirmed that mere receipt of a fraudulent transfer is not always sufficient to render the recipient...more

Bass, Berry & Sims PLC

Chris Lazarini Further Examines Case Involving Advisor’s Effort to Avoid Paying a Promissory Note

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined further developments in a case involving a former UBS investment advisor’s attempt to prevent the company from collecting on promissory notes the advisor owed to UBS upon...more

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