Recently, the Bankruptcy Court for the District of Massachusetts ruled in In re Duplication Management, Inc., (Riley v. Countrywide)[1] that courts can shift the burden of production[2] to a defendant to quantify the value of indirect benefits purportedly received by a debtor accused of making a fraudulent transfer.[3] Duplication Management is notable not only in shedding light on what is meant by the “burden of production,” but also under what circumstances this burden might shift to a defendant.
