Fraudulent Transfer Claw-Back Litigation Post Tribune, Lyondell and SemGroup
Litigating Avoidance Actions Under the Bankruptcy Code and State Law Constructive Fraudulent Transfer Statutes
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with a review of fraudulent transfer claw-back litigation in light of rulings in the Tribune, Lyondell and SemGroup bankruptcy cases, as well as more recent cases from the Bankruptcy Court for the District of Delaware and the Seventh Circuit Court of Appeals that buck the trend of courts’ expansive readings of the Section 546(e) “safe harbor”. The program will discuss whether the state law fraudulent transfer claims not pursued by a bankruptcy estate representative could be deemed to have reverted to creditors in order to circumvent bankruptcy safe harbor provisions.
- Overview of Section 546(e)
- Overview of the Tribune fraudulent conveyance ruling
- Impact on Lyondell of the Tribune ruling
- Automatic reversion of state law claims to creditors
- Applicability of safe harbor defenses to certain claims
- The fraudulent transfer claims not protected by the safe harbor provision (federal actual intent fraudulent transfer claims)
The panel will review these and other key issues:
- What are arguments supporting/defending the reversion to creditors of state law fraudulent transfer claims abandoned in bankruptcy?
- How have the recent bankruptcy litigation rulings clarified the applicability of the bankruptcy safe harbor provisions to state law fraudulent transfer claims?
Michael R. Handler
King & Spalding
Mr. Handler specializes in representing lenders and bondholders in all aspects of workout and restructuring matters.... | Read More
Mr. Handler specializes in representing lenders and bondholders in all aspects of workout and restructuring matters. Mr. Handler also has significant experience representing financial institutions, institutional investors and large corporations in commercial finance transactions, mergers & acquisitions and other corporate transactions.Close
Arthur J. Steinberg
King & Spalding
Mr. Steinberg is a senior financial restructuring partner with 36 years of practice representing examiners, trustees,... | Read More
Mr. Steinberg is a senior financial restructuring partner with 36 years of practice representing examiners, trustees, corporate monitors, debtors, creditors’ committees, secured and unsecured creditors groups/individuals, distressed investors and asset buyers, and parties to bankruptcy related litigation. He is a frequent author and lecturer on bankruptcy law topics.Close