In an appeal from the U.S. Bankruptcy Court for the District of Hawaii, the U.S. District Court for the District of Hawaii determined when the date of the transfer occurred
Continue Reading Hawaii Bankruptcy Appeal Serves as a Reminder on Preferential Transfers
Avoidance
PA Court Finds Funds Returned to Debtor After an Actual Fraudulent Transfer Not Recoverable
By Fox Rothschild LLP on
Recently, the U.S. Bankruptcy Court for the Eastern District of Pennsylvania clarified that funds returned to the debtor are not recoverable as intentional fraudulent transfers. See Holber v. Nikparvar (In …
Continue Reading PA Court Finds Funds Returned to Debtor After an Actual Fraudulent Transfer Not Recoverable
The Safe Harbor Provision of the Bankruptcy Code Redefined
By Elizabeth C. Viele on
The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back…
Continue Reading The Safe Harbor Provision of the Bankruptcy Code Redefined
Trustee Retains Right to Jury in Fraudulent Transfer Actions Even If Waived by Debtor Before Bankruptcy
By Fox Rothschild LLP on
The Bankruptcy Court for the Southern District of Florida recently held that a chapter 7 trustee is not bound by a debtor’s pre-bankruptcy waiver of its jury rights for fraudulent…
Continue Reading Trustee Retains Right to Jury in Fraudulent Transfer Actions Even If Waived by Debtor Before Bankruptcy