terms fraudulent-transfers 
ABI
JANUARY 19, 2024
John’s University School of Law American Bankruptcy Law Review Staff Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid any transfer or obligation incurred if the debtor had actual intent to hinder, delay, or defraud creditors. [1] 30] [1] 11 U.S.C. § 548(a)(1)(A). [2]
ABI
JANUARY 28, 2024
the United States Court of Appeals for the Third Circuit held that the proper termination of an option to repurchase was not a “transfer” that could be avoided under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). 5] The final two notices further informed Berley and Pazzo Pazzo that their rights had lapsed. [6]
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ABI
JANUARY 13, 2022
2 Between November 9, 1998, and December 11, 2008, Madoff made a total of 65 transfers to Miller’s IRA, which amounted to $4,680,063, where $669,793 represented fictitious profits cashed out by Miller within the two years before Madoff filed bankruptcy. 550(a)(2) and thus, has the benefit of a good faith defense. 22.
The Mentor Group
JANUARY 1, 2021
Transfer – moving IP from one entity to another. Valuation of the IP may also be important to preclude claims of fraudulent conveyance. Valuation of the IP may also be important to preclude claims of fraudulent conveyance. This license requires the determination of a reasonable rate and term.
Farrel Fritz
JANUARY 2, 2024
In the second, Melwani wrote: Just wanted to outline the deal we had discussed on the phone and the terms I am willing to proceed with: $100,000 USD (One hundred thousand usd) for an additional 12.5% Lipton sought funds from him , and “Cantal was simply a vehicle that [he] used to transfer the funds.” of the company.
ABI
MARCH 9, 2020
11]. Pursuant to the terms of a confirmed chapter 11 plan, Acis LP was vested with the trustee’s claims against Highland. [12] 21] Here, the court noted that the counterclaims were seeking avoidance of actual and constructive fraudulent transfers, along with turnover of property of the estate for unauthorized overpayments. [22]
Shephard Mullin M&A
APRIL 21, 2020
Both the US Government as well as Foreign Governments have and will continue to provide short- and long-term financial support to these businesses. Fraudulent Transfer Mitigation. A purchaser of a distressed target should take steps to minimize the risk of the sale later being deemed a fraudulent transfer and set aside.
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