LexisNexis® Legal Newsroom
Troutman Sanders LLP: 11th Circuit Upholds Bankruptcy Court’s Finding that Payment to Lender by Borrower Subsidiary Was a Fraudulent Transfer

By Martin W. Taylor and Meghan Canty Sherrill The 2009 bankruptcy court decision commonly known as the TOUSA decision caused shock waves throughout the lending community as it called into question any transaction in which a non-borrower has paid money, pledged collateral or provided a guaranty in...

Ulmer & Berne LLP: Fraudulent Transfer Litigation - The Eleventh Circuit Court of Appeals Deals a Blow to Lenders

By Reuel Ash A highly significant ruling involving fraudulent transfers recently decided by the Eleventh Circuit could have a far-reaching impact on distressed lending and investing. In Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re TOUSA, Inc.) , 2012 U.S. App...

Vetstein Law Group: Not So Fast! Developer Cannot Avoid Creditor By Transferring Rental Property Into Nominee Trust Held By Wife

By Richard D. Vetstein, ESQ Why A Massachusetts Real Estate Nominee Trust Is Worthless and Useless Since the concept of currency and debt was created, debtors have been playing a cat-and-mouse game with creditors in order to avoid satisfaction of their debts. A ruling last monthby the Massachusetts...