Fraudulent Transfers

This panel will discuss avoidance actions, defenses to preference actions and review sixth and seventh circuit cases in relation to each.

Avoiding being sued along with or in lieu of your client and avoiding ethical violations and malpractice.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.

This panel will focus on recent litigation regarding actual vs. constructive fraud, how to plead and prove actual intent (Lyondell), the anticipated Second Circuit decision on safe harbors, etc., “fraudulent spin-off” cases (Tronox, Chemours, Paragon Offshore) and conflict-of-law issues.

This panel will focus on the possible consequences of ASARCO, Wellness, and Bank of America v. Caulkett

This panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s “safe harbor” to failed leveraged transactions, as well as the “good faith” defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.