Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account
Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’
No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least
Several cases are in the running for Supreme Court review this term or next.
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.