How to Prove/Defend Fraudulent Transfer Claims–A Legal and Valuation Perspective

Presented by

Dion Hayes, Jeff Litvak, Scott Friedland, Clara Chin

About this talk

This webcast will consist of an analysis of the issues commonly confronted in fraudulent transfer litigation under the U.S. Bankruptcy Code and state law. The first portion of the program will provide attendees with an overview of the relevant legal aspects of the fraudulent transfer litigation, including discussion of: •Relevant provisions of the U.S. Bankruptcy Code, including §548; •Bankruptcy Code §544 and the Uniform Fraudulent Transfer Act; •Proving constructive fraud versus actual fraud; and •Recent developments in case law. The second half of the program will focus on valuation analyses often performed in conjunction with constructive fraud claims under §548 and state law, including: •Performing the balance-sheet test; •Assessing the adequacy of capital; and, •Analyzing the debtor’s ability to pay debts as they become due. Numerous case studies will be used during the program to highlight the legal and valuation issues. The program and a Q&A session will be presented by litigation and bankruptcy attorney Dion Hayes from the law firm of McGuireWoods LLP and valuation experts Jeff Litvak, Scott Friedland and Clara Chin of FTI Consulting.

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