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Table of Contents
Jurisdiction | United States |
Table of Contents
Chapter I: Causes of Action................................................................................1
A. Introduction..................................................................................................................1
B. Intentional Fraudulent Conveyances.....................................................................3
C. Constructive Fraudulent Conveyances.................................................................7
Chapter II: Commencing Litigation..............................................................11
A. Choice of Forum: Federal or State Court.............................................................11
B. Bankruptcy Courts' Authority to Adjudicate
Fraudulent Transfer Actions.....................................................................................13
1. Bankruptcy Court Authority and Article III Concerns........................................13
2. Withdrawal of the Reference..................................................................................20
C. Choice-of-Law Issues in Fraudulent Transfer Actions.....................................25
1. State Law Choice-of-Law Approaches to Fraudulent Transfer Claims................26
2. Bankruptcy Choice-of-Law Approaches to Fraudulent Transfer Claims.............28
D. Parallel Litigation in the Fraudulent Transfer Context.....................................30
1. Parallel Litigation Concerning the Treatment of Claims......................................30
2. Potential Companion Common Law Claims........................................................40
Chapter III: Standing..................................................................................................45
A. Trustees and Debtors, Creditors and Creditors' Committees, Liquidating Trusts, Officers and Shareholders of the Debtor.........................45
1. Trustees and Debtors.............................................................................................45
2. Creditors and Creditors' Committees....................................................................48
3. Liquidating Trusts..................................................................................................50
B. Comparison of Who May Avoid a Transfer: Creditors at the Time of the Transfer Versus Current Creditors......................................51
Chapter IV: Proving the Elements.................................................................55
A. Actual...
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- Advanced Fraudulent Transfers: A Litigation Guide
- Front Matter
- About the Author
- About the Editors
- Acknowledgments
- Table of Contents
- Chapter I Causes of Action
- Chapter II Commencing Litigation
- Chapter III Standing
- Chapter IV Proving the Elements
- Chapter V Affirmative Defenses
- Chapter VI Section 502 and Claim Disallowance
- Chapter VII Settling Fraudulent Transfer Claims
- Chapter VIII Modern Issues
- Chapter IX Conclusion
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