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Trustees › Debtor-Creditor

Mintz - Bankruptcy & Restructuring Viewpoints

Decade Old Transactions Potentially Subject to Bankruptcy Clawback in Massachusetts

Mintz - Bankruptcy & Restructuring Viewpoints on

Transfers and transactions up to ten years old may be scrutinized, unwound and recovered by a trustee, the bankruptcy court sitting in Massachusetts recently held in the NECCO (think chalky wafer candy) bankruptcy case. The...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Avoidance Actions Under Section 544(b): State Fraudulent Transfer Statutes and More

Patterson Belknap Webb & Tyler LLP on

Creditors’ recoveries often hinge on claw-back lawsuits that trustees bring under bankruptcy law and non-bankruptcy law. Trustees can file claims based on non-bankruptcy law because Bankruptcy Code section 544(b) allows them...more

Jones Day

Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims

Jones Day on

Courts disagree as to whether the amount that a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") can recover in fraudulent transfer avoidance litigation should be capped at the total amount of unsecured claims...more

Morris James LLP

Delaware Bankruptcy Court Grants Summary Judgment Based On Ordinary Course of Business Defense

Morris James LLP on

On December 18, 2014, Bankruptcy Judge Christopher Sontchi issued an opinion granting summary judgment in favor of defendant and against trustee who sought to avoid and recover $1,181,583.84 as preferential transfers pursuant...more

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