- How Derivative is the Trustee's Power to Avoid Fraudulent ...🔍
- How Derivative is the Trustee's Power to A" by Alan N. Resnick🔍
- The Trustee's Power to Avoid Fraudulent Transfers🔍
- Another Court Adopts Majority View🔍
- Understanding Fraudulent Transfers and Ensuing Litigation🔍
- Third Circuit Decision Holds Creditors May Pursue Claims ...🔍
- Avoidance Powers In Chapter 13🔍
- No Time Runs against the King 🔍
How Derivative is the Trustee's Power to Avoid Fraudulent ...
How Derivative is the Trustee's Power to Avoid Fraudulent ...
Resnick, Finding the Shoes that Fit: How Derivative is the Trustee's Power to Avoid Fraudulent. Conveyances under Section 544(b) of the Bankruptcy Code, 31 ...
How Derivative is the Trustee's Power to A" by Alan N. Resnick
Section 544(b) of the Bankruptcy Code, which enables a bankruptcy trustee to avoid transfers that an actual unsecured creditor could have avoided under ...
The Trustee's Power to Avoid Fraudulent Transfers
The Uniform Fraudulent. Transfer Act (UFTA) is the applicable state fraudulent conveyance law of all but about five states. New York is the most important ...
For Sale: Avoidance Actions (Or Are They?) - McDonald Hopkins
... trustee may sell all chapter 5 avoidance powers, such as the power to avoid preferences under § 547 or to avoid fraudulent transfers under § 548 ...
Another Court Adopts Majority View - Jones Day
The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to avoid fraudulent transfers is an important tool promoting ...
Understanding Fraudulent Transfers and Ensuing Litigation
If the transfer is avoided as a fraudulent transfer, the trustee can recover the property transferred for the benefit of all creditors or obtain ...
Third Circuit Decision Holds Creditors May Pursue Claims ...
Previously a creditor may have understandably assumed that any right it had to assert derivative claims, such as fraudulent transfer claims, ...
Accordingly, the creditor was denied derivative standing to use the Chapter 13 trustee's fraudulent-transfer avoiding powers. ... trustee has the power to avoid ...
No Time Runs against the King (IRS): The Golden Creditor Rule and ...
Section 544(b), also known as the golden creditor rule, allows a trustee to step into the shoes of any unsecured creditor to avoid any transfer ...
Although unsecured creditors may benefit from avoidance of these transfers, the Bankruptcy Code vests the power to bring these actions in the trustee or debtor ...
Supreme Court Asked to Review Trustee Avoidance of Tax Payments
1. In 11 U.S.C. 544 through 549, Congress has granted a trustee in a bankruptcy proceeding “general avoiding powers” that include the authority ...
Fraudulent Conveyances Masquerading as Asset Protection Trusts
47. 50. See Resnick, Finding the Shoes that Fit: How Derivative Is the Trustee's Power to Avoid Fraudulent. Conveyances ...
Are Chapter 5 Claims Assets of the Estate that a Trustee Can Sell?
[4] In short, the split of authority over a trustee's power ... avoid” the ... 2003) (limiting derivative standing to pursue fraudulent ...
Bankruptcy Litigation: Fraudulent Transfers - King & Spalding
Fraudulent transfer actions seek to “avoid” or “unwind” certain pre-bankruptcy transactions so that the value of such transactions can be recovered and ...
No Third-Party Releases? But What About Fraudulent Transfer ...
grants to the trustee the right to assert on behalf of the bankruptcy estate all state-law fraudulent transfer claims that were or could ...
Avoiding Fraudulent Conveyance: Derivative Financial Instrument®
The Derivative Financial Instrument® protects the assets even after the owner loses a lawsuit. This is because the courts cannot set aside the purchase . . .
Analyses of Section 544 - Trustee as lien creditor and as successor ...
... trustee's avoidance powers, which include the power to avoid certain preferential and fraudulent transfers. Section 546(e) provides that the trustee may not ...
Ultimate Guide to Understanding Fraudulent Conveyances
Legal Implications: If the court establishes an actual fraudulent transfer, the bankruptcy estate possesses the authority to nullify the ...
Golden Creditors, Copper Rules: An Analysis of Avoidance Actions ...
Resnick, Finding the Shoes That Fit: How Derivative Is the. Trustee's Power to Avoid Fraudulent Conveyances Under Section 544(b) of the.
Tuition as a Fraudulent Transfer - Emory Law Scholarly Commons
2014). 100. See Alan N. Resnick, Finding the Shoes that Fit: How Derivative is the Trustee's Power to Avoid. Fraudulent Conveyances under ...