Business Law Insolvency Law Committee

Defendant in a fraudulent transfer case failed to prove a good faith defense under the Texas statutory scheme where the trial record showed defendant was on inquiry notice of a Ponzi scheme but defendant did not engage in a diligent investigation. Read more

Two decisions providing insight on how to litigate an action so that its outcome can be used to establish the nondischargeability of a debt in a subsequent bankruptcy case. Read more

A financial arrangement structured as a sale of future accounts receivable was not a usurious loan. Read more

On a motion to dismiss an involuntary petition, court held that an undisputed claim arising from one purchase order by the alleged debtor from the sole petitioner qualified that petitioner to bring the involuntary petition even though the alleged debtor asserted a counterclaim to a second purchase order. Read more

When awarding prejudgment interest on damages awarded for a fraudulent transfer claim brought under Bankruptcy Code section 544, the applicable prejudgment rate is the federal rate. Read more

Foreclosure trustee's postpetition issuance and recordation of a deed within fifteen (15) days of trustee's foreclosure sale of the debtor's residence did not violate the automatic stay because of the combined relation-back provisions of the Bankruptcy Code and California law. Read more

Cross-collateral provision in debtor's second and third loan agreements with credit union was sufficient to render a vehicle collateral for such loans where vehicle was purchased by debtor with a first loan from same credit union. Read more

Under California law, claims for actual intent fraudulent transfers do not require a plaintiff to prove harm or actual damages. Read more

Court remands preference case to trial court to explain why it adjudged 47 days as an ordinary course payment. Read more

Louisiana Rules of Professional Conduct require law firm to advise client of right to seek independent advice where firm's contingency fee agreement gives firm an equity interest in client. Read more