In October of this year, Sears Holdings Corp and affiliated Debtors filed a Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of New York in a
Continue Reading Sears Debtors sue Former CEO & others Seeking Billions
Intentional Fraudulent Transfer
Second Circuit Finds Madoff Trustee can seek to Clawback Billions in Funds Transferred Abroad
Earlier this week, the U.S. Court of Appeals for the Second Circuit revived 88 fraudulent transfer cases that were consolidated on appeal. In those actions, the trustee for the Liquidation…
Continue Reading Second Circuit Finds Madoff Trustee can seek to Clawback Billions in Funds Transferred Abroad
For Fraudulent Transfer Statute of Limitations, Transfer of Real Property Occurred upon Recording of Deed, not Execution
A recently issued opinion by the U. S Bankruptcy Court for the District of New Mexico provides some guidance on the relevant date for the transfer of real property for…
Continue Reading For Fraudulent Transfer Statute of Limitations, Transfer of Real Property Occurred upon Recording of Deed, not Execution
PA Court Finds Funds Returned to Debtor After an Actual Fraudulent Transfer Not Recoverable
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