MIAMI, FL- February 3, 2025 – Bast Amron Partners Brett Amron, Dana Quick, and Jaime Leggett will be panelists on a live video-Broadcast titled “Navigating Fraudulent Transfer Claims: Strategies for Creditors and Debtors” hosted by MyLawCLE on Thursday, February 6th from 1:00 PM – 4:20 PM.
Main topics for discussion will include:
Session I: Understanding Fraudulent Transfers and Key Legal Concepts
- Advanced Analysis of Transfers
- In-depth examination of transfers under Section 548 of the Bankruptcy Code
- Variations in state law transfer claims
- What constitutes a “transfer”?
- Discussion of recent court decisions on third-party transfers and their implications
- Constructive Fraud: Reasonably Equivalent Value and Insolvency
- Advanced analysis of reasonably equivalent value
- Discussion of expert testimony and valuation methods in constructive fraud cases
- Actual Fraud: Uncovering Intent and Badges of Fraud
- Advanced strategies for proving actual fraud
- In-depth analysis of badges of fraud, including:
- Transfers to insiders
- Debtor’s retention of control
- Concealment or misrepresentation of assets
- Timing of transfers
Session II: Statute of Limitations, Defenses, and Advanced Litigation Strategies
- Statute of Limitations and Deadline to Assert a Fraudulent Transfer Claim
- Advanced discussion of the statute of limitations under the Bankruptcy Code
- State law implications and variations
- Defenses to a Fraudulent Transfer Claim: Advanced Strategies
- In-depth analysis of the safe harbor defense under Section 546(e) of the Bankruptcy Code
- Advanced strategies for asserting the good faith defense under Section 550(b) of the Bankruptcy Code
- Discussion of other defenses, including:
- Lack of jurisdiction
- Failure to state a claim
- Statute of limitations
Session III: Other Issues for Consideration in Fraudulent Transfer Claims
- Pleading Standard for Fraudulent Transfer Claims
- In-depth discussion of how fraudulent transfer claims should be plead under FRCP Rules 8 & 9
- Variations in pleading fraud with particularity
- Insolvency and how it’s measured
- In-depth examination of insolvency
- Discussion of how to measure and prove insolvency
- Tolling and Forbearance Agreements
- Discussion of considerations in whether to toll claims and the efficacy of such agreements
To register, or to learn more, click here. *Use Code “FraudulentTransfers24” for free access.