New Opinions

October 19, 2021 roland jones

Lack of Fraudulent Intent in Receiving Transfers – A Trustee’s Motion Denied in Part

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.

October 19, 2021 roland jones

Reasonable Financial Controls At Arms’ Length Do Not Transform a Lender Into An Insider

The Court dismissed the Trustee's fraudulent and preference transfer claim.

October 12, 2021 roland jones

New Article : Navigating Preference Actions in Retail Industry Restructurings

Navigating Preference Actions in Retail Industry Restructurings (Authors: Colin Adams and Michael A. Cohen)

October 10, 2021 roland jones

A Plaintiff’s Complaint Was Not an Impermissible Shotgun Pleading

Although the complaint was unnecessarily lengthy, the Court ruled that it was clear enough to understand the factual allegations.

October 9, 2021 roland jones

No Credible Evidence of Fraud, Judgment Entered in Favor of a Defendant

The Court held that the evidence did not paint the picture of intentional or reckless behavior as alleged by the Plaintiffs.

October 8, 2021 roland jones

Amended Complaint is Timely If the Original Complaint is Filed Before a Two-Year Expiration Period

The bankruptcy court denied Defendant's motion to dismiss and found that the Debtor's amended complaint was timely filed.

October 8, 2021 roland jones

Fragile Financial Conditions Under § 548 Must Be Satisfied

Despite the Trustee's success in showing lack of reasonably equivalent value, the Court ruled in favor of the defendant.

October 7, 2021 roland jones

Debtor Held Properties in Constructive Trust, No Fraudulent Conveyance Under § 544

The Court ruled for Defendant and concluded that Debtor held the properties in the constructive trust

October 6, 2021 roland jones

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

October 5, 2021 roland jones

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)