David L. Barres, a member of Mintz Levin Cohn Ferris Glovsky and Popeo, writes: In my experience, trustees typically argue that a transferee's liability under §550 is the full amount of the transfer. In my view, the correct result is the difference between the value of the consideration paid and the value of the consideration received, regardless of whether the claim is under federal or state law and regardless of whether the defendant took in good faith.
Analyzing Damages in Fraudulent Transfer Cases
New York Law Journal
June 25, 2012
This content is now available at LexisNexis®.
The ALM® and LexisNexis® Content Alliance
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM’s legal news publications. LexisNexis® customers will be able to access and use ALM’s content by subscribing to the LexisNexis® services via lexis.com® and Nexis®. This includes content from The National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM’s other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM’s content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
If you are not currently a LexisNexis subscriber, contact 1-800-227-4908 to find out more or click here to have a customer representative contact you directly.