Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt
To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.
Court:
Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)
Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.
Debt Market Efficiency
Journal Issue:
Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
Court:
The Time Has Come to Reconsider Whether Trustees Are Subject to In Pari Delicto
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
Court: