Fraudulent Transfer Litigation: Significant Decisions, Standing, Intent, Safe Harbors, Valuation, Trustee Limits
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide bankruptcy litigators guidance on recent developments and key issues about essential elements of fraudulent transfer law under § 548 of the Bankruptcy Code and under state avoidable transfer jurisprudence that may affect their litigation practice, whether pursuing or defending claims. The panel will discuss significant court cases on topics such as standing, implied elements of fraudulent transfer claims, what can be recovered and from whom, expansion of the lookback period under Section 544(b)(1) (and the definition of "allowable"), the non-waiver of sovereign immunity, expansion of § 546 safe harbors, and other key issues.
Outline
- Recent trends in fraudulent conveyance law
- Standing
- Intent
- Valuation
- Recovery
- Limits on trustees' powers
- Defenses
- Good faith and reasonably equivalent value (Sections 548(c) and 550(b)(1))
- The safe harbor defenses (Section 546(e))
- Recent cases and other developments
Benefits
The panel will review these and other important issues:
- When can the bankruptcy trustee assign or sell avoidance actions?
- Can the trustee recover even if there is no harm to creditors?
- What can be recovered and is there a cap on recovery?
- Who owns a fraudulent transfer claim and when do creditors have the right to sue?
Faculty
Brandon M. Hammer
Partner
Cleary Gottlieb Steen & Hamilton
Mr. Hammer’s practice focuses on a broad range of creditors’ rights, netting, financial regulatory,... | Read More
Mr. Hammer’s practice focuses on a broad range of creditors’ rights, netting, financial regulatory, bankruptcy, digital asset, and market infrastructure issues. He regularly advises clients regarding close-out netting rights under a variety of different U.S. insolvency regimes, including the Bankruptcy Code, the Federal Deposit Insurance Act, the Securities Investor Protection Act, the New York Banking Law, and the Orderly Liquidation Authority title of the Dodd-Frank Act, and represents clients before federal regulatory agencies and self-regulatory organizations. His clients include financial institutions, clearinghouses, sovereigns, and end users. Mr. Hammer is frequently counsel to leading financial market trade associations and ad hoc coalitions on major industry initiatives and industry-standard opinions.
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Peter Marchetti
Professor of Law
Texas Southern University
Mr. Marchetti’s teaching and research interests are in the following areas: bankruptcy and reorganization,... | Read More
Mr. Marchetti’s teaching and research interests are in the following areas: bankruptcy and reorganization, finance, secured transactions, commercial law, banking law, business associations, commercial transactions, contracts and law and economics. Before joining academia, he worked as in-house counsel at WestLB AG, which, at the time, was an international commercial bank with world-wide operations. While working at WestLB, Mr. Marchetti worked on capital markets transactions (including swaps, other derivatives and repos), chapter 11 bankruptcy matters and a wide variety of commercial finance transactions (including real estate finance, asset backed lending, lending to oil and gas companies and project finance). Before working at WestLB, he was an associate at Cadwalader, Wickersham & Taft and at Thelen, Reid & Priest in New York City. Prior to entering private practice, Mr. Marchetti served as a Judicial Law Clerk to the Justices of the Massachusetts Superior Court.
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Evan T. Miller
Partner
Saul Ewing
Mr. Miller is a member of the firm's Bankruptcy & Restructuring Practice, where he handles corporate... | Read More
Mr. Miller is a member of the firm's Bankruptcy & Restructuring Practice, where he handles corporate bankruptcy and restructuring matters for debtors (including under Subchapter V) and trustees. His representations also include official committees of unsecured creditors, asset purchasers, vendors and landlords. Clients in industries including blockchain/cryptocurrency, technology, insurance, restaurants, retail, health care and aviation look to Mr. Miller to counsel them regarding corporate restructurings, both in and out of court. His work with cryptocurrency/blockchain matters includes advice on the treatment of digital assets in bankruptcy, including Bitcoin and non-fungible tokens (NFTs).
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