Adam L. Kochenderfer Bankruptcy Law Blog

A recent decision by the New York Southern District Court in the Madoff cases held that a bankruptcy trustee can recover both principal and interest a transferee received from a Ponzi scheme operator, absent good faith.  The court held that any transfer made to allegedly serve a Ponzi scheme is presumed to be made with actual intent to hinder, delay, or defraud creditors.  This allegation is sufficient to adequately plead a fraudulent transfer action, requiring a transferee to... Read More