Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia
A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.
‘Cert’ Petition Seeks to Resolve Circuit Split on What’s a ‘Transfer’
High court should grant review to ensure fraudsters don’t escape consequences.
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Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue
Chapter 11 committees achieve standing more readily than chapter 13 debtors.
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Madoff Sons' Estates in $23 Million Settlement over Ponzi Scheme
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Circuits Split on Objective vs. Subjective Value for Fraudulent Transfer Consideration
Eleventh Circuit goes ‘objective’ while Fifth Circuit remains ‘subjective’ on value for constructive fraudulent transfers.
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Benchnotes August 2017
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Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds
Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.
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Bankruptcy Settlement Provided No Protection from Criminal Forfeiture
Criminal forfeiture and bankruptcy protect different interests, district judge says.
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