Fifth Circuit Restricts Double Recovery in Fraudulent Transfer Action

The laws of preferential and fraudulent transfers under the Bankruptcy Code can often seem theoretical and formulaic. When certain boxes are checked, it appears, at first blush, that a pre-bankruptcy transfer can be avoided, regardless of any intent or surrounding circumstances. However, in Whitlock v. Lowe (In re Curtis DeBerry), Case No. 18-50335 (5th Cir. […]

Read More

New Jersey District Court Holds that No Evidentiary Hearing is Necessary to Appoint Chapter 11 Trustee

In¬†MicroBilt Corporation v. Ranger Specialty Income Fund, L.P. et al. (In re Princeton Alternative Income Fund, LP), Case No. 3:18-CV-16557 (D.N.J. Nov. 27, 2019), the District Court for the District of New Jersey recently affirmed a bankruptcy court’s decision to appoint a chapter 11 trustee, without conducting a traditional evidentiary hearing.¬† The holding reinforces that […]

Read More