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    United States district court overturns widely criticized fraudulent transfer decision – (In re TOUSA, Inc., No. 10-60017-CIV/Gold (S.D. Fla. Feb. 11, 2011))
    2011-02-16

    The United States District Court for the Southern District of Florida has reversed a bankruptcy court order that had required a group of lenders (“Transeastern Lenders”) to disgorge, as a fraudulent transfer, approximately $421 million paid to them by a joint venture partner (“TOUSA”) in satisfaction of their legitimate, uncontested loans to the joint venture that TOUSA had guaranteed. Together with pre-judgment interest, the total amount to be paid by the Transeastern Lenders was in excess of $480 million.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White Collar Crime, Winston & Strawn LLP, Bond (finance), Bankruptcy, Interest, Market liquidity, Debt, Joint venture, Default (finance), Subsidiary, Memorandum opinion, Title 11 of the US Code, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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