Extraterritoriality of Avoiding Powers Goes to the Second Circuit
A split of circuits will result if the Second Circuit does not reverse a Madoff decision.
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No Statute of Limitations Bar from Asserting a New Theory of Recovery
If a preference theory fails, try fraudulent transfer.
Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law
Venezuela let off the hook for expropriating assets.
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Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor
Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.
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The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit
Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’
Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS
Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).
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Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer
Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.
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