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Not Your Parents' Fraudulent-Transfer Action

Level: Advanced
Runtime: 72 minutes
Recorded Date: July 12, 2019
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  • The Extraterritorial Application of the Bankruptcy Code's Avoidance Provisions
  • The IRS as the Trustee's "Golden Creditor"
  • Case Study: Husky v. Ritz
  • Recovery of Tuition Payments
  • Outlook
Runtime: 1 hour and 12 minutes
Recorded: July 12, 2019


Practitioners are constantly looking for ways to expand, or limit, the ability of estate fiduciaries and creditors to avoid transfers. This panel will explore several cutting-edge issues with respect to fraudulent-transfer actions currently playing out in bankruptcy courts, including whether trustees may recover tuition payments by debtor-parents for the benefit of their adult children and the meaning of “reasonably equivalent value” under Section 548(A)(1)(b).

The panel will explore opportunities to expand a trustee’s avoidance powers, including a trustee’s ability to stand in the shoes of the IRS and benefit from the 10-year look-back period, Ponzi scheme issues, and applying avoidance powers to foreign defendants. The speakers will also discuss whether silence is still golden in light of Husky International v. Ritz.

This program was recorded as part of ABI's 2019 Northeastern Bankruptcy Conference & Consumer Forum on July 12th, 2019.

Provided By

American Bankruptcy Institute
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Suzanne B. Roski

Managing Director
Protiviti, Inc.

Suzanne Roski is a Managing Director in Protiviti’s Richmond, VA office. She is responsible for engagements involving troubled companies, litigation, and valuation consulting. She has over twenty-four years of professional experience and has held positions in professional services consulting, public and private companies, and public accounting.

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Harold B. Murphy

Murphy & King, P.C.

Harold Murphy is considered one of the leading insolvency lawyers in New England. According to Chambers and Partners U.S.A., “Harold Murphy is considered ‘the go-to guy when it comes to regional debtor cases of any size.'”

Mr. Murphy is frequently involved in out-of-court restructurings and has considerable experience in the areas of commercial finance and litigation and matters involving secured lending, mergers and acquisitions. In addition to his work for debtors, Mr. Murphy represents creditors’ committees, trustees, and creditors in Chapter 11 reorganizations and Chapter 7 liquidations. He has served as Chapter 7 and 11 trustee, counsel, and examiner in numerous liquidation and reorganization cases.

Mr. Murphy is the founder and Director of the firm’s Bankruptcy and Financial Restructuring Group.

Mr. Murphy served as a law clerk to the Hon. Thomas W. Lawless, Chief Judge, U.S. Bankruptcy Court, Boston, Massachusetts, 1981-1984.

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Hon. Julie A. Manning

Chief Judge
U.S. Bankruptcy Court - District of Connecticut

Julie A. Manning is the Chief Judge of the United States Bankruptcy Court for the District of Connecticut. She was appointed to the court on September 9, 2013, succeeding Judge Lorraine M. Weil.

Prior to joining the court, Manning was employed as a member of the partnership at the private practice firm of Shipman & Goodwin, where she focused on bankruptcy and creditor-debtor rights, as well as insolvency and reorganization law.

Judge Manning earned a bachelor's degree from Fairfield University and a J.D. from Suffolk University.

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Andrew Z. Schwartz

Foley Hoag LLP

Andrew Schwartz’s areas of expertise include complex commercial litigation, bankruptcy and creditors' rights, and representation of foreign sovereigns in U.S. litigation. He is the head of Foley Hoag’s Bankruptcy and Restructuring group. Andrew has extensive experience representing debtors, secured and unsecured creditors, committees, trustees, buyers, investors and other parties in bankruptcy and other insolvency matters. As a longstanding member of the firm’s Litigation Department, he also has handled a wide range of business cases in courts across the country.

In addition to representing foreign governments in diverse matters, Andrew has represented clients in many industries, including financial services, accounting and other professional services, insurance, sports, media and entertainment, publishing, retail, healthcare, life sciences, education, technology, real estate, construction and manufacturing. He has been ranked in the top tier of Bankruptcy/Restructuring Leading Individuals by Chambers USA, listed in The Best Lawyers in America, and recognized as a Top 100 Massachusetts Super Lawyer. Andrew served on the firm's Executive Committee from 2007-2015.

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