Fraudulent Transfers

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Court Establishes Framework for Determining Ownership Rights in Social Media Accounts The U.S. Bankruptcy Court for the Southern District of Florida recently considered an issue of first impression

“ In Rem Relief” as Commandeering? Perspectives from Haaland By Nate Juster 1 Is it unconstitutional to force states to record in rem bankruptcy court orders as charges against real property? It could be. In Haaland v. Brackeen , 2 the U.S. Supreme Court considered

Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Bankruptcy Court Limits Bartenwerfer to Partnership or Agency Debts, Finding It Inapplicable to Fraudulent-Transferee Liability Can the recipient of a fraudulent transfer discharge the claim in

Providing an adult child with room and board in the family home is not a fraudulent transfer.

A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’

The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(b)(1)(A) of the Bankruptcy