Avoidance Actions: Circuit Splits on Key Issues
Measuring Fraudulent Transfer Recoveries, Lookback Periods, Bankruptcy Court's Extraterritorial Reach, Benefit to the Estate
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide counsel through the evolving positions of courts on four key issues that arise in avoidance actions. The panel will discuss competing views about whether and when avoidance actions must benefit the estate, whether fraudulent transfer recoveries should be limited to the number of creditor claims, the lookback period under Section 544(b)(1) (and the definition of "allowable"), and the extraterritorial reach of the bankruptcy court to reach property in the hands of a non-U.S. affiliate or subsidiary of the debtor.
- The unwritten benefit to the estate requirement and Bankruptcy Code Sections 544 and 550
- Measure of recovery in fraudulent transfer actions
- The expanding lookback period under Section 544(b)(1) (and the definition of "allowable")
- The extraterritorial reach of the bankruptcy court
The panel will review these and other key issues:
- Is the benefit to the estate an issue of standing?
- What constitutes a benefit to the estate?
- What is the proper measure of recovery for fraudulent transfer claims?
- Can the bankruptcy court force a non-U.S. company to turn over property?
Sean A. Gordon
Mr. Gordon focuses his practice on bankruptcy reorganization and litigation, creditors’ rights, loan... | Read More
Mr. Gordon focuses his practice on bankruptcy reorganization and litigation, creditors’ rights, loan restructuring and workouts, foreclosure, and commercial and real estate litigation. He represents lenders, corporations, creditors’ committees, trustees, individual creditors, lessors, lessees, debtors and landlords, both inside and outside of bankruptcy. Mr. Gordon has broad experience in federal, state and bankruptcy courts throughout the United States.Close
Mr. Hawkins is a partner in the firm's Business Restructuring, Creditors' Rights & Bankruptcy practice... | Read More
Mr. Hawkins is a partner in the firm's Business Restructuring, Creditors' Rights & Bankruptcy practice group. He focuses his practice on parties’ rights and remedies under the Uniform Commercial Code, Bankruptcy Code and state law in and out of court. Mr. Hawkins also assists buyers, sellers, and lenders in transactions, frequently involving distressed situations and in offensive and defensive litigation involving fraudulent transfer statutes under state law and the Bankruptcy Code. He is admitted to practice law in the state of Ohio, the state of New York and the Federal District and Bankruptcy Courts in the Northern and Southern District of Ohio.Close
Mr. Alexander, a managing associate in the firm’s Business Restructuring, Creditors’ Rights &... | Read More
Mr. Alexander, a managing associate in the firm’s Business Restructuring, Creditors’ Rights & Bankruptcy practice, focuses on bankruptcy matters, including representing creditors in insolvency proceedings. His experience includes representing community banks, real estate developers and utility companies in bankruptcy and other collection-related matters.Close