Fraudulent Transfers

10th Circuit Kansas Jun 2, 2022

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
2nd Circuit May 5, 2022

An Initial ‘Recipient’ of a Fraudulent Transfer Isn’t Always Liable Under § 550(a)(1)

The Second Circuit says that an initial ‘recipient’ isn’t automatically an initial ‘transferee’ liable for an avoidable transfer under Section 550(a)(1).

Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions

In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.