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Dechert LLP

No Futility Exception: Where Transferee is on “Inquiry Notice,” No Good Faith Defense to Fraudulent Transfer Clawback Absent...

Dechert LLP on

Answering “no” to a certified question from the Fifth Circuit, the Supreme Court of Texas held that a transferee on inquiry notice of fraud cannot shield itself from clawback without diligently investigating its initial...more

Obermayer Rebmann Maxwell & Hippel LLP

Bankruptcy Avoidance Litigation Part II – Do I Really Have To Give That Payment Back?

Obermayer Rebmann Maxwell & Hippel LLP on

In the first installment of this article, we discussed the prevalence of preference litigation and some of the commonly-available defenses to business vendors to limit or even eliminate liability to the bankruptcy estate....more

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