The Court granted the Trustee's motion as to the fact that Defendant was the recipient of the fraudulent transfers and denied as to the issue of whether Defendant had fraudulent intent in receiving those transfers.
The bankruptcy court denied Defendant's motion to dismiss and found that the Debtor's amended complaint was timely filed.
Another Win for Madoff Trustee: May Recover Fictitious Profits Received by Gerald and Barbara Family Trust
The Court held that the SIPA Trustee met his burden on every element of his 11 U.S.C.S. § 548(a)(1)(A) prima facie case
New Article : Courts Begin Interpreting New Due Diligence Requirements for Trustees Before Filing Preference Actions
Courts Begin Interpreting New Due Diligence Requirements for Trustees Before Filing Preference Actions (Authors: Gregory G. Hesse and Michael R. Horne of Hunton Andrews Kurth LLP)