BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Bankruptcy

Date & Time
  • event Date

    Thursday, August 7, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

Early Bird Pricing!
MSRP
$297.00
$247.00
Save $50.00

Discount expires 7/9/25

This course is $0 with these passes:

CLE
ALL

This CLE webinar will provide bankruptcy litigators guidance on recent developments and key issues about essential elements of fraudulent transfer law under § 548 of the Bankruptcy Code and under state avoidable transfer jurisprudence that may affect their litigation practice, whether pursuing or defending claims. The panel will discuss significant court cases on topics such as standing, implied elements of fraudulent transfer claims, what can be recovered and from whom, expansion of the lookback period under Section 544(b)(1) (and the definition of "allowable"), the non-waiver of sovereign immunity, expansion of § 546 safe harbors, and other key issues.

Faculty

Evan T. Miller
Partner
Saul Ewing LLP

Mr. Miller is a member of the firm's Bankruptcy & Restructuring Practice, where he handles corporate bankruptcy and restructuring matters for debtors (including under Subchapter V) and trustees. His representations also include official committees of unsecured creditors, asset purchasers, vendors and landlords. Clients in industries including blockchain/cryptocurrency, technology, insurance, restaurants, retail, health care and aviation look to Mr. Miller to counsel them regarding corporate restructurings, both in and out of court. His work with cryptocurrency/blockchain matters includes advice on the treatment of digital assets in bankruptcy, including Bitcoin and non-fungible tokens (NFTs).

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The law of fraudulent transfers is ever changing in response to creative theories by both plaintiffs and defendants to protect assets and level the playing field if a debtor becomes insolvent. Recovering or defending against constructive or allegedly intentionally fraudulent transfers is a staple of bankruptcy practice.

The evolving fraudulent transfer landscape will affect present and future litigation strategies, as well as how transactional lawyers assess risks and structure new deals to withstand analysis made in hindsight. Decisions from certain jurisdictions or in high profile cases may have a disproportionate impact, especially if deal documents provide that the laws in those jurisdictions should govern. 

Updated case law addresses core issues such as when valuation of a negotiated deal can be attacked, standing and who owns the claims, whether transfers must damage creditors to be recoverable, caps on recovery, how to analyze Section 544, and the availability of safe harbors. Of particular interest are changes as to when actual intent to hinder, delay, or defraud may not be required and intent imputed to innocent parties. 

It is imperative that bankruptcy attorneys litigating and settling these claims recognize the impact of these developments and adjust their approaches to achieve the client's goals.

Listen as our panel discusses significant federal and sometimes state law decisions on game-changing topics that impact pursuing or defending fraudulent conveyance litigation.

Outline

I. Recent trends in fraudulent conveyance law

A. Standing

B. Intent

C. Valuation

D. Recovery

E. Limits on trustees' powers

II. Defenses

A. Good faith and reasonably equivalent value (Sections 548(c) and 550(b)(1))

B. The safe harbor defenses (Section 546(e))

III. Recent cases and other developments

Benefits

The panel will review these and other important issues:

  • When can the bankruptcy trustee assign or sell avoidance actions?
  • Can the trustee recover even if there is no harm to creditors?
  • What can be recovered and is there a cap on recovery?
  • Who owns a fraudulent transfer claim and when do creditors have the right to sue?