Navigating Fraudulent Transfer Claims: Strategies for Creditors and Debtors

Brett M. Amron
Dana Quick
Jaime Leggett
Brett M. Amron | Bast Amron LLP
Dana Quick | Bast Amron LLP
Jaime Leggett | Bast Amron LLP

On-Demand: February 6, 2025

3 hour CLE

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Program Summary

This comprehensive webinar offers advanced insights into fraudulent transfer claims, equipping both creditors and debtors with the legal knowledge and strategies to navigate these complex disputes effectively. The program delves into critical topics, including the legal framework under Section 548 of the Bankruptcy Code and variations in state law. Participants will explore key concepts such as what constitutes a transfer, constructive and actual fraud, and the implications of recent court rulings on third-party transactions.

The CLE covers advanced litigation strategies, including statute of limitations considerations, safe harbor and good faith defenses, and other procedural and jurisdictional challenges. Attendees will also gain a deeper understanding of pleading standards under federal rules, the nuances of proving insolvency, and the role of tolling and forbearance agreements in extending or mitigating claims. This webinar provides a practical, in-depth analysis designed for attorneys handling fraudulent transfer claims, bankruptcy matters, and complex creditor-debtor disputes.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Advanced analysis of transfers
  • Constructive fraud: Reasonably equivalent value and insolvency
  • Actual fraud: Uncovering intent and badges of fraud
  • Statute of limitations and deadline to assert a fraudulent transfer claim
  • Defenses to a fraudulent transfer claim: Advanced strategies
  • Pleading standard for fraudulent transfer claims
  • Insolvency and how it’s measured
  • Tolling and forbearance agreements

Closed-captioning available

Speakers

Brett M. Amron_FedBarBrett 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_FedBarDana 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_FedBarJaime 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.

Agenda

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

Credits

Alaska

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
3 General

Arkansas

Approved for CLE Credits
3 General

Arizona

Approved for CLE Credits
3 General

California

Approved for CLE Credits
3 General

Colorado

Pending CLE Approval
3 General

Connecticut

Approved for CLE Credits
3 General

District of Columbia

No MCLE Required
3 CLE Hours

Delaware

Pending CLE Approval
3 General

Florida

Approved for CLE Credits
3.5 General

Georgia

Approved for CLE Credits
3 General

Hawaii

Approved for CLE Credits
3.6 General

Iowa

Pending CLE Approval
3 General

Idaho

Pending CLE Approval
3 General

Illinois

Approved for Self-Study Credits
3 General

Indiana

Approved for Self-Study Credits
3 General

Kansas

Pending CLE Approval
3 Substantive

Kentucky

Pending CLE Approval
3 General

Louisiana

Pending CLE Approval
3 General

Massachusetts

No MCLE Required
3 CLE Hours

Maryland

No MCLE Required
3 CLE Hours

Maine

Pending CLE Approval
3 General

Michigan

No MCLE Required
3 CLE Hours

Minnesota

Approved for Self-Study Credits
3 General

Missouri

Approved for CLE Credits
3.6 General

Mississippi

Pending CLE Approval
3 General

Montana

Pending CLE Approval
3 General

North Carolina

Pending CLE Approval
3 General

North Dakota

Approved for CLE Credits
3 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
3 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
180 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
3 General

Nevada

Approved for Self-Study Credits
3 General

New York

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
3 General

Oklahoma

Pending CLE Approval
3.5 General

Oregon

Approved for Self-Study Credits
3 General

Pennsylvania

Approved for Self-Study Credits
3 General

Rhode Island

Pending CLE Approval
3.5 General

South Carolina

Pending CLE Approval
3 General

South Dakota

No MCLE Required
3 CLE Hours

Tennessee

Approved for Self-Study Credits
3 General

Texas

Pending CLE Approval
3 General

Utah

Pending CLE Approval
3 General

Virginia

Not Eligible
3 General Hours

Vermont

Approved for CLE Credits
3 General

Washington

Approved via Attorney Submission
3 Law & Legal

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for CLE Credits
3.5 General

West Virginia

Pending CLE Approval
3.6 General

Wyoming

Pending CLE Approval
3 General

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