April 5, 2018
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
March 30, 2018
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
March 28, 2018
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.
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.
March 27, 2018
The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
March 22, 2018
Unique facts were again the basis for a result seemingly at odds with the statute.
Unique facts were again the basis for a result seemingly at odds with the statute.
March 20, 2018
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.