The Eleventh Circuit published a fraudulent-transfer decision in Alliant Tax Credit 31, Inc. v. Murphy, 2019 WL 2121297 (11th Cir. May 15, 2019). With appeals from both sides, the court tediously worked its way through numerous issues on appeal. Most of these involved state law questions, but the court in an opinion by Judge Tjoflat…
Tag: Fraudulent transfers
Eleventh Circuit Holds That An Already-Married Couple Can Form An “Association-In-Fact” Enterprise Under The Civil RICO Statute Without Creating A New Entity
This week, in Al-Rayes v. Willingham, 2019 WL 441325 (11th Cir. Feb. 5, 2019) the Eleventh Circuit held that a married couple cannot escape civil liability under the Racketeer Influenced and Corrupt Organizations Act solely on the basis that their marriage preceded the illegal acts and they did not form a formal entity in executing…
Denial of Daubert Motion and Dismissal of Fraudulent Transfer Claim Affirmed
In O’Halloran v. Harris Corp. (In re Teltronics, Inc.), 2018 WL 4700578 (11th Cir. Oct. 2, 2018), the Eleventh Circuit affirmed a district court judgment affirming a bankruptcy court order dismissing a fraudulent conveyance claim. The alleged fraudulent conveyance was the debtor’s transfer of a “blocking right” and right of first refusal under a patent…
You Can’t Have Your Cake and Eat It Too: “Midco” Transaction Exposes Sellers to Transferee Liability
Consider the following situation: You’re a major stockholder in a corporation whose assets have appreciated in value, and you want to sell. You would really like to structure the deal as a sale of stock in order to avoid capital gains tax on the corporation’s appreciated assets. When you contact potential buyers, you find that…