Navigating Fraudulent Transfer Claims: Strategies for Creditors and Debtors

Brett M. Amron | Bast Amron LLP

Brett Amron has been a litigator his entire career. Brett advises clients nationally in complex business and bankruptcy litigation with an emphasis on director and officer liability (D&O), breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Brett represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors.

Brett heads the Director and Officer Liability fiduciary practice, which identifies, investigates, and prosecutes claims against directors and officers. By maximizing the return on insurance coverage, Brett has been able to produce recoveries to creditors totaling tens of millions of dollars.

Brett was an early adopter of using contingency fee arrangements in insolvency and business litigation where resources can be limited. Under Brett’s leadership, Bast Amron’s commercial contingency practice has expanded both substantively and geographically. Brett actively represents clients in high-stakes litigation in many jurisdictions across the country, including Florida, Michigan, New York, Delaware, California, New Jersey, and Washington.

Brett began practicing law as a prosecutor in Miami. From there, he joined a large local firm in its bankruptcy litigation group, where he was elevated to partner. In 2008, Brett started his own practice and, in 2009, founded Bast Amron LLP with his partner Jeffrey Bast. The firm is widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex business disputes.

Brett’s legal work in litigation and bankruptcy has been recognized: Chambers and Partners ranked USA BAND 1 for Bankruptcy Litigation; recipient of the 2022 Turnaround and Transaction of The Year Award in the Non-Profit category by The Turnaround Management Association (TMA), a premier nonprofit serving corporate renewal and restructuring professionals worldwide; recognized by The National Law Journal as a Plaintiff’s Lawyers Trailblazer; highest possible AV Preeminent® Rating, Martindale-Hubbell, in both Legal Ability and Ethical Standards. Best Lawyers in America– Listed in Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation Bankruptcy, Florida Super Lawyers, Business Litigation, Creditor Debtor Rights, Top 100 in Florida

Brett speaks and writes frequently on various topics related to his practice and is currently a member, American Bar Association, Business Law Section, and D&O Liability Committee, and member, Federal Bar Association, Federal Litigation Section Board.

Dana Quick | Bast Amron LLP

Dana Quick is the first female and first LGBTQIA+ to be named partner at Bast Amron. Dana practices in the area of insolvency and commercial litigation. Her experience and expertise include prosecuting director and officer liability claims, and lender liability claims; representing trustees, creditors, creditor committees, and debtors in bankruptcy proceedings; state court insolvency litigation; and prosecuting and defending preference actions.

Dana’s experience in prosecuting director and officer liability claims spans various districts across the country, as well as many industries, including retail, energy, biotech, aerospace, non-profits, government contracting, retail, shipbuilding, and manufacturing. Her work has resulted in the recovery of tens of millions of dollars for unsecured creditors and garnered awards and recognition.

Additionally, Dana has significant experience representing and counseling companies of all sizes on employment issues, including ADA, FMLA, FLSA, Title VII, and other employment-related matters.

Prior to joining Bast Amron, Dana served as law clerk to The Honorable Laurel Myerson Isicoff, U.S. Bankruptcy Judge in the Southern District of Florida.

Jaime Leggett | Bast Amron LLP

Jaime Leggett practices in the areas of bankruptcy and complex commercial litigation. His experience includes investigating and prosecuting director and officer liability claims; representing trustees, creditors, equity holders, and debtors in bankruptcy proceedings along with assignees, creditors, and assignors in assignment for the benefit of creditors proceedings; federal and state court commercial litigation; and trials in federal, bankruptcy, and state courts nationwide.

Prior to joining the firm, Jaime worked for a firm in New York City, handling complex commercial and bankruptcy litigation. Previously to that firm, Jaime served as a law clerk to U.S. Bankruptcy Judge Allan Gropper of the Bankruptcy Court for the Southern District of New York and U.S. Bankruptcy Judge Arthur Weissbrodt of the Bankruptcy Court for the Northern District of California.

I. Advanced analysis of transfers | 1:00pm – 1:20pm

II. Constructive fraud: Reasonably equivalent value and insolvency | 1:20pm – 1:40pm

III. Actual fraud: Uncovering intent and badges of fraud | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Statute of limitations and deadline to assert a fraudulent transfer claim | 2:10pm – 2:30pm

V. Defenses to a fraudulent transfer claim: Advanced strategies | 2:30pm – 2:50pm

VI. Pleading standard for fraudulent transfer claims | 2:50pm – 3:10pm

Break | 3:10pm – 3:20pm

VII. Insolvency and how it’s measured | 3:20pm – 3:50pm

VIII. Tolling and forbearance agreements | 3:50pm – 4:20pm