Kenneth A. Rosen and Paul Kizel, members of Lowenstein Sandler, analyze the Eleventh Circuit's recent decision holding that subsidiaries of a borrower did not receive reasonably equivalent value in exchange for liens that the subsidiaries granted to lenders to secure in excess of $400 million in debt, allowing them to be avoided as a fraudulent transfer, and that the lenders could be liable to disgorge the funds they received.
Decision in 'TOUSA' Exposes Fraudulent Transfer Risks for Creditors
New York Law Journal
July 30, 2012
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