 | Lenders Beware: Eleventh Circuit’s Ruling in TOUSA Increases Fraudulent Transfer Risk
John T. Gregg, Timothy S. McFadden, John W. Mills; Barnes & Thornburg LLP;
Legal Alert/Article May 24, 2012, previously published on May 23, 2012 On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit held that security interests and liens granted by subsidiaries of a borrower to refinance obligations owed to the borrower’s lenders constituted fraudulent transfers under section 548(a)(1) of the Bankruptcy Code in...
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