Second Circuit Allows Extraterritorial Application of Sections 548 and 550
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
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Hot Topics in Valuation & Creditworthiness Analyses
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Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.
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The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
The Matrix: New Technology in Bankruptcy: Artificial Intelligence, Cybersecurity, Blockchain and Virtual Currency
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Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
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