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Pennsylvania Bankruptcy Court Finds That Consent and Release Do Not Protect Against Wrongful Foreclosure Claim

On September 19, 2022, the U.S. Bankruptcy Court for the Western District of Pennsylvania found that secured lenders could not “hide behind” a consent and a release to avoid the review of the commercial reasonableness of a...more

Texas Bankruptcy Court Rejects Rejects Use of Ponzi-Scheme Presumption in “Ponzi-Like” Fraud Case

On June 3, 2022, the U.S. Bankruptcy Court for the Northern District of Texas refused to extend the “ponzi-scheme presumption” in connection with an actual intent fraudulent transfer claim because there was no actual ponzi...more

Second Circuit Finds That Tribune Qualifies as Financial Institution Under Bankruptcy Code Safe Harbor Provision

On December 19, 2019, the Second Circuit Court of Appeals issued an opinion (the “2019 Opinion”) arising out of the In re Tribune Company Fraudulent Conveyance Litigation,[i] finding that Tribune Company, which employed...more

New York District Court Finds That Tribune Qualifies as Financial Institution Under Bankruptcy Code Safe Harbor Provision

On April 23, 2019, Judge Cote of the District Court for the SDNY, issued an opinion in In re Tribune Company Fraudulent Conveyance Litigation, finding that the Tribune Company, which employed Computershare Trust Company...more

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