11th Circuit

Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of debt, actual fraudulent transfer judgment is injury to creditor's ...

Dividends paid to a shareholder prior to bankruptcy in accordance with a provision of a shareholders agreement were not constructively fraudulent transfers. The shareholders agreement provided that if the debtor corporation's income became taxable to the shareholders, the corporation ...

Affirming the district court's rulings, the 11th Circuit concluded that (A) the plaintiff Term Lenders lacked standing to enforce the defendant Revolving Lenders' promise to lend to Borrowers under Credit Agreement; and (B) summary judgment on the issue of whether ...

Whether the automatic stay comes into effect upon the filing of a bankruptcy petition does not hinge on whether two cases have been filed within the year, but rather, whether two cases have been pending within one year. In ...