Fraudulent Transfers

What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

Do the safe harbor provisions of 11 U.S.C. § 546(e) also provide shelter to transferees from state law fraudulent transfer actions in nonbankruptcy courts? Does the doctrine of pre-emption apply to impact litigation outside of bankruptcy court? This panel will review § 546(e) after the U.S. Supreme Court’s decision in Merit Management Corp. LP v. FTI Consulting Inc. After the Merit decision, the Supreme Court sent back the case of In re Tribune Co., fraudulent conveyance litigation that was also pending before the Supreme Court, to the Second Circuit Court of Appeals. What did the appeals court do in Tribune II, and what impact does the court’s decision have on fraudulent transfer litigation by private litigants under nonbankruptcy law?

The panel will review the criteria to establish insolvency in the context of fraudulent transfers and avoidance actions. We will look at decisions related to the determination of solvency, as well as some of the more challenging valuation and evaluation issues that arise in the conduct of an evaluation. The panel will also review some of the areas subject to challenge on cross-examination.

Members of ABI's Commercial Fraud Committee will discuss hot topics related to COVID-19, particularly fraudulent schemes likely expected due to the pandemic and schemes that may be revealed as a result of the pandemic's economic repercussions. The panelists will also address the coronavirus relief bill and resulting potential fraudulent schemes, as well as the international impact of the pandemic.

In this session, learn more about recent developments in earmarking, preference and fraudulent transfer law, and the use of domestic and foreign trusts to effectuate fraudulent transfers.

Hosted by the Commercial Fraud Committee The webinar panel, comprised of bankruptcy lawyers, a panel bankruptcy trustee and a financial advisor, will delve into what occurs when an individual debtor files bankruptcy and fails to properly disclose their assets. The discussion will include methods of investigating and discovering hidden assets and the means by which a trustee can successfully recover the assets for the bankruptcy estate. The panel will also address defenses that a debtor may raise, including exemptions, tenants by the entirety, or business assets transferred to trusts.

Based on the incredibly popular “TED Talks” format, these ABI Talks will address the impact that five recent Supreme Court decisions (in some cases, pending decisions) have or will have on bankruptcy practice.

This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).