Tag Archives: avoidance action

Should Miller be Set Aside?  Observations from a Recent U.S. Supreme Court Decision Regarding a Trustee’s Power to Set Aside Fraudulent Transfers

The U.S. Supreme Court recently decided United States v. Miller, which resolved a circuit split over whether a trustee could avoid federal tax payments under section 544(b) of the United States Bankruptcy Code.[1]  In this case, a trustee utilized section 544(b) to claw back tax payments under Utah’s state fraudulent transfer statute.  Ordinarily, an action … Continue Reading

Insolvencies in Germany – New Avoidance Law in Force

On 5 April 2017, an amendment to the German Insolvency Code (Insolvenzordnung – “InsO”) has come into force which provides for various changes to the avoidance rules and clawback laws in German insolvency proceedings. The major change affects the right of an insolvency administrator to challenge transactions for willful disadvantage (§ 133 InsO).… Continue Reading

Quantum Foods – – Administrative Expense Claims as an Avoidance Offset.

Judge Carey in the District of Delaware recently ruled on an intriguing question—can a defendant in a preference action reduce the amount of a recoverable preference by setting off the value of an allowed administrative expense claim? Though not late-breaking news, this case provides a thorough examination of the essential character of administrative expense claims.… Continue Reading
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