News & Analysis as of

Burden of Proof › Bankruptcy Code

Freeman Law

Fraudulent Transfers | Burdens of Proof

Freeman Law on

So this is the fifth and final installment of my five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well as described generally the...more

Lowenstein Sandler LLP

Preference Defense In the Wake Of The Pandemic: A Primer

Lowenstein Sandler LLP on

Nothing is more frustrating to a trade creditor holding a large unpaid balance owed by a debtor in bankruptcy than the risk that payments the trade creditor received before the debtor filed bankruptcy may be clawed back by...more

Sheppard Mullin Richter & Hampton LLP

Post-COVID-19 Appraisals And The Burden Of Proof In Bankruptcy Cases

Sheppard Mullin Richter & Hampton LLP on

In the aftermath of the 9/11 attacks, the Appraisal Institute issued guidance to its MAI appraisers regarding the new challenges and limitations on rendering an opinion of real estate value in the wake of a disaster when...more

Kramer Levin Naftalis & Frankel LLP

First Circuit Clarifies That When Determining The Value of Legal Claims as Collateral, a “Gallimaufry” of Factors Must Be...

Kramer Levin Naftalis & Frankel LLP on

In Wheeling & Lake Erie Ry. Co. v. Keach (In re Montreal, Me. & Atl. Ry.), No. 19-1894 (1st Cir. Apr. 9, 2020), the First Circuit held that when determining the value of legal claims as collateral, the party with the burden...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Addresses Standard For Recovery Of An Alleged Fraudulent Transfer From A Subsequent Transferee

Patterson Belknap Webb & Tyler LLP on

The Bankruptcy Code gives a trustee powers to avoid certain pre-bankruptcy transfers of the debtor’s property to other entities. For example, a trustee can avoid transfers made with the intent to impair the ability of...more

Ward and Smith, P.A.

Will My Judgment Get Discharged in Bankruptcy?

Ward and Smith, P.A. on

Bankruptcy is meant to provide a fresh start for the honest but unfortunate debtor. A debtor who files Chapter 7 does so with the presumption that all his or her debts will be forgiven or "discharged." But what about the...more

6 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide