Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.)

Mar

2016

Ruling

Transfers were made to financial intermediaries as settlement payments in a securities transaction or is a transfer in connection with a securities contract and were protected from avoidance.

Issue(s)

Whether unsecured creditors are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers of a bankruptcy trustee on an intentional fraud theory are ongoing and, if not, whether the creditors' state law, constructive fraudulent conveyance claims are preempted by section 546(e).

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Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on March 29, 2016 , LexisNexis #0416-086

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11 U.S.C.

Adelphia Recovery Trust v. Goldman Sachs & Co.

Apr

2014

Ruling

Post-confirmation fraudulent conveyance claim barred on grounds of judicial estoppel.

Issue(s)

Was fraudulent conveyance claim by debtor's recovery trust properly dismissed on terms of judicial estoppels based on terms of confirmed plan?

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Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on April 04, 2014 , LexisNexis #0614-123

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