- USCA11 Case🔍
- Fifth Circuit Holds Avoidance Actions Can Be Sold in Bankruptcy ...🔍
- IN THE UNITED STATES BANKRUPTCY COURT FOR ...🔍
- Second Circuit reaffirms application of section 546🔍
- The Trustee's Power to Avoid Fraudulent Transfers🔍
- 5. RECOVERY AND COLLECTION OF ASSETS🔍
- 11th Circuit Supports Tolling of Federal Arbitration Act Timeframes in ...🔍
- Expanding the Ponzi Scheme Presumption🔍
11th Circuit Says No Fraudulent Transfer Remedy Against ...
... remedy for that lender's fraud ... Therefore, the FCA itself does not confer standing on Relators to pursue the fraudulent transfer claim.
Fifth Circuit Holds Avoidance Actions Can Be Sold in Bankruptcy ...
Currently, the Fifth, Eighth, and Ninth Circuit Courts have held that preference claims, as described under 11 U.S.C. ... Fraudulent Transfers – ...
IN THE UNITED STATES BANKRUPTCY COURT FOR ... - GovInfo
enjoyed if the fraudulent transfer had not occurred. Indeed, the primary goal of these statutes is creditor equity and estate restoration ...
Second Circuit reaffirms application of section 546(e) safe harbor
In 2020, Judge Rakoff of the U.S. District Court for the Southern District of New York dismissed the fraudulent transfer claims against both ...
The Trustee's Power to Avoid Fraudulent Transfers
Thus, it makes sense to think broadly when considering what may constitute a transfer for purposes of fraudulent ... would (absent actual fraud) not be avoidable.
5. RECOVERY AND COLLECTION OF ASSETS
9(b) does not apply to claims for avoidance of constructively fraudulent transfer because such claims are not based on actual fraud, but instead rely on ...
11th Circuit Supports Tolling of Federal Arbitration Act Timeframes in ...
This ruling has potentially far-reaching implications and demonstrates how litigants can be held accountable for fraudulent conduct, ...
Expanding the Ponzi Scheme Presumption
Such a transaction-by-transaction assess- ment of fraudulent intent for transfers is detrimental, if not fatal, to the estate. Standing alone, the ...
WTF?! – Recurring Issues in Wire Transfer Fraud Coverage Disputes
App'x 581 (5th Cir. 2021) (no coverage under Computer Fraud or Funds Transfer Fraud provisions where insured's employees, not the fraudulent emails themselves, ...
Small Business Set-Aside Fraud Suit Reopened by 11th Circuit
Small Business Set-Aside Fraud Suit Reopened by 11th Circuit ... Fraudulent inducement theory properly raised, court also says. Native ...
Supreme Court Weighs in on Non-Consensual Third-Party Releases ...
In 2019, Purdue filed for Chapter 11 ... fraudulent transfer, and willful misconduct—as well as the perpetual enjoinment against future claims.
11TH CIRCUIT CASES UPDATE June 2018-April 2019
... fraudulent conduct created a new valuable asset—right to sue for fraudulent transfer—and thus they did not fraudulently destroy the value of ...
Eleventh Circuit Affirms Bankruptcy Trustee Can't Avoid Transfers to ...
The Eleventh Circuit, affirming a district court, held that a bankruptcy court properly found that a bankruptcy trustee failed to show constructive fraud ...
Fraudulent transfers Archives - Eleventh Circuit Business Blog
Oct. 2, 2018), the Eleventh Circuit affirmed a district court judgment affirming a bankruptcy court order dismissing a fraudulent conveyance claim. The alleged ...
PDF Supreme Court of the United States
Fraud Upon The Court without lack of standing on a Void Judgment, is illegal. A. Remand will not support No Due Process Law after the crime was committed based.
Third Circuit Dismisses Crystallex's Fraudulent Transfer Claim. But Potential Liability Remains for PDVSA. Richard J. Cooper & Boaz S. Morag ...
When Business Planning Triggers the Fraudulent Transfer Law
The court did not buy the excuse and found the transfer to the LLC to be fraudulent under an actual fraud analysis. Defendants failed to present ...
11th Circuit Approves of Third-Party Releases Despite Debtor's ...
... not assert nominal claims against Le Centre, AJS, or Master tenant. ... Fraudulent Transfers (5) · Litigation Issues (10) · News (9) · News and ...
October Term 2024 - SCOTUSblog
Issue(s): Whether the U.S. Court of Appeals for Veterans Claims must ... relief under the applicable state fraudulent-transfer law outside of bankruptcy.
Eleventh Circuit Vacates Settlement Approval Because Plaintiffs ...
This blog has covered recent decisions from the Eleventh Circuit that have taken a hard look at class action settlements. For example ...