Law 165 - Fraudulent Transfers
Daniel J. Bussel
J.D. Stanford, 1985
Examining fraudulent transfer law will introduce you to one of the most intellectually engaging, contested and actively litigated areas of statutory construction in modern commercial and bankruptcy law. This MLI elective traces the law of fraudulent transfers from its ancient roots in the Statute of 13 Elizabeth (1571) and Twyne’s Case (1601) into state law via the 20th century’s Uniform Fraudulent Conveyance and Uniform Fraudulent Transfer Acts, and finally into federal bankruptcy law through Moore v. Bay (1932) and sections 544(b), 548, 550 & 551 of the Bankruptcy Code. Today fraudulent transfer law has become a key battleground in corporate bankruptcy law where it governs the rights and liabilities of the parties in many multi-billion dollar chapter 11 cases involving leveraged recapitalizations (Tribune), spinoffs (Tronox), leveraged buyouts (Gleneagles), and Ponzi schemes (Madoff). The application of fraudulent transfer law and defenses to fraudulent transfer liability to these complex modern transactions has generated numerous divisions of authority in the lower federal courts. You will be asked to write a judicial opinion resolving a split in authority of your choice in the manner you believe best implements the statutory purpose and text of the modern legislation.
|Daniel Bussel||17S||165||LEC 2||W 5:30 PM - 7:30 PM||1.0||No||No|
|Class will meet on 1/25, 2/8, 2/22, 3/8, 3/22, 4/12, in room 1337.|
|Textbook for Spring 2017 LEC 2|
West. Bankruptcy Code, Rules and Official Forms [Law School Edition] 2016 ed.
ISBN: 9781634607506. West. REQUIRED $52.00