Do Investors Lose the Good-Faith Defense Based on Agent’s Fraud?

You represent an investor who relied on an agent to make investment-related decisions on the investor's behalf. You need to determine whether the investor, as a subsequent transferee, is protected under Section 550(b)(1) of the Bankruptcy Code. Check out this expertly drafted article discussing a recent Fifth Circuit decision addressing this issue.

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• Fraudulent Transfers
  Read this practice note for a discussion of fraudulent transfer law under the Bankruptcy Code and state law.

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  See this practice note for a discussion of the differences between fraudulent conveyance and preference actions under the Bankruptcy Code.

• Bankruptcy Fraud
  Review this practice note for information on bankruptcy fraud and the consequences of committing such fraud.

• Complaint to Avoid and Recover Fraudulent Transfers
  Use this form to draft a complaint to avoid and recover fraudulent transfers.

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  See this chart and map to determine the fraudulent conveyance statute that governs in each state.

• Fraud in Bankruptcy Resource Kit
  Use this resource kit for Practical Guidance material on fraud and other misconduct in a bankruptcy case.

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