HHR Bankruptcy Report

Category Archives: Fraudulent Transfer

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What Constitutes Fraud in Bankruptcy? SCOTUS To Resolve First And Fifth Circuit Split In 2016

Posted in Fifth Circuit, First Circuit, Fraudulent Transfer, SCOTUS
Earlier this month the Supreme Court granted certiorari to hear the Fifth Circuit case Husky International Electronics, Inc. v. Ritz, which originated in the United States Bankruptcy Court for the Southern District of Texas. The Fifth Circuit’s decision interprets “actual fraud” in the context of an exception to a debtor’s discharge that would require a… Continue Reading

Fourth Circuit Affirms Bank’s Good Faith Defense to Fraudulent Transfer Claim

Posted in Fourth Circuit, Fraudulent Transfer, Section 548
The recipient of funds that a trustee seeks to recover by means of a fraudulent transfer claim may avoid liability by establishing that it took “for value and in good faith,” under section 548(c) of the Bankruptcy Code.  The Bankruptcy Code does not define “good faith,” and case law does not provide a clear precedent… Continue Reading