By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP On January 4, …
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Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
By Donald Bernstein, Elliot Moskowitz, Damian Schaible, Eli Vonnegut, Alicia Llosa Chang, and Tina Hwa Joe of Davis Polk & …
Tighter Standards Emerge For Pleading Intentional Fraudulent Transfer Claims
By Mark Chehi, Robert Weber and Stephen Della Penna of Skadden, Arps, Slate, Meagher & Flom LLP The U.S. Bankruptcy Court for …
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The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
By Jay Lawrence Westbrook and Kelsi Marie Stayart, University of Texas at Austin School of Law A traditional case law test has …
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10th Circuit Holds That First Time Transaction Falls Within 11 U.S.C. 547 (c)(2), Ordinary Course of Business Defense
By Purvi Shah and Michelle McMahon of Bryan Cave In re C.W. Mining. Co., the United Stated Circuit Court of Appeals for the Tenth …
Earth to Creditors: Triangular Payment Arrangements May Constitute “Reasonably Equivalent Value”
By Bryce Suzuki and Amanda Cartwright of Bryan Cave The Eleventh Circuit Court of Appeals recently clarified the meaning of …
Rights of Creditors Will be Determined by Contract Terms and Fraudulent Conveyance Statutes—Quadrant v. Vertin
By Abigail Pickering Bomba, Steven Epstein, Arthur Fleischer, Jr., Peter S. Golden, Brian T. Mangino, J.Christian Nahr, Philip …
The Problem With Preferences
By Daniel J. Bussel, UCLA School of Law Brook Gotberg in Conflicting Preferences does a great service in lucidly identifying the …
Conflicting Preferences: Avoiding Proceedings in Bankruptcy Liquidation and Reorganization
By Brook Gotberg, J. Reuben Clark Law School, Brigham Young University The law of preferential transfers permits the trustee of a …
Delaware District Court Affirms Order Approving Gifting In Chapter 11 Case
Author: Mindy Mora of Billzin Sumberg Baena Price & Axelrod, LLP In an unusual but practical decision, the U.S. District …
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Eighth Circuit Expands Subsequent New Value Preference Defense in Cases Involving Three-Party Relationships
Authors: Charles M. Oellermann and Mark G. Douglas A bankruptcy trustee or chapter 11 debtor-in-possession has the power under …
Preference Recovery: You May Be More Exposed Than You Think
Author: Vicki R. Harding, Pepper Hamilton LLP Imagine a $2 million property that secures a $1.75 million senior loan and a …
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