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    5th Circuit ruling on Stanford receiver’s clawback claims
    2009-11-23

    On November 13, 2009, the Court of Appeals for the Fifth Circuit ruled in the Stanford securities fraud case that the appointed receiver lacked authority to “claw back” principal and interest proceeds distributed to innocent investors/creditors because they have a legitimate ownership interest in the proceeds held in the accounts. This precedent has important implications for this and other ongoing “Ponzi” scheme cases.

    The Stanford Case: Alleged Multi-Billion Dollar Ponzi Scheme

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Briggs and Morgan, Debtor, Injunction, Interest, Liability (financial accounting), Securities fraud, Certificate of deposit, US Securities and Exchange Commission, Fifth Circuit
    Authors:
    John R. McDonald , Kevin M. Decker
    Location:
    USA
    Firm:
    Briggs and Morgan
    Could a Bitcoin exchange constitute a “stockbroker”?
    2014-07-14

    This is the third post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.  In the spring of this year, the shutdown of Japanese bitcoin exchange Mt. Gox made us think about what might have happened if Mt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bitcoin, Certificate of deposit
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Inadequate consideration exclusion applies to claim for debt restructuring transaction
    2010-06-07

    The United States Court of Appeals for the Third Circuit, applying New York law, has held that an inadequate consideration exclusion unambiguously bars coverage for a lawsuit arising out of a debt restructuring transaction. Delta Financial Corp. v. Westchester Surplus Ins. Co. (In re Delta Financial Corp.), 2010 WL 1784054 (3d Cir. May 5, 2010).

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Unsecured debt, Security (finance), Breach of contract, Fraud, Fiduciary, Consideration, Debt, Foreclosure, Misrepresentation, Cashflow, Debt restructuring, Certificate of deposit, Secured loan, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP

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