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Fraudulent Transfers New York

Jones Day

New York Bankruptcy Court: Setoff and Unjust Enrichment Cannot Be Asserted as Affirmative Defenses in Bankruptcy Avoidance...

Jones Day on

In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 lawsuits seeking to recover fraudulent transfers made as part of the Madoff Ponzi scheme. In one of the latest chapters in that resurrected...more

King & Spalding

Southern District of New York Once Again Dismisses Claims Alleging “Loan-to-Own” Scheme Over Texas Development

King & Spalding on

On March 23, 2023, a year after dismissing all claims against a lender in an 18-count complaint alleging a multi-year “loan-to-own” scheme in a Texas real estate development, the U.S. District Court for the Southern District...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 23

McGlinchey Stafford on

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, Case No. 18–1048 (2020). Equitable estoppel principles (such as non-signatories being able to compel arbitration of disputes) can be applied in...more

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