Bankruptcy 2014: Views from the Bench

Morabito will discuss Facilitator, Fraudulent Transfers and Ponzi Schemes. The panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s "safe harbor" to failed leveraged transactions, as well as the "good faith" defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.