Navigating Fraudulent Transfer Claims: Strategies for Creditors and Debtors

Brett M. Amron
Dana Quick
Peter J. Klock, II
Brett M. Amron | Bast Amron LLP
Dana Quick | Bast Amron LLP
Peter J. Klock, II | Bast Amron LLP
Live Video-Broadcast: February 6, 2025
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3 hour CLE
Tuition: $245.00
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Program Summary

This comprehensive webinar offers advanced insights into fraudulent transfer claims, equipping both creditors and debtors with the legal knowledge and strategies to navigate these complex disputes effectively. The program delves into critical topics, including the legal framework under Section 548 of the Bankruptcy Code and variations in state law. Participants will explore key concepts such as what constitutes a transfer, constructive and actual fraud, and the implications of recent court rulings on third-party transactions.

The CLE covers advanced litigation strategies, including statute of limitations considerations, safe harbor and good faith defenses, and other procedural and jurisdictional challenges. Attendees will also gain a deeper understanding of pleading standards under federal rules, the nuances of proving insolvency, and the role of tolling and forbearance agreements in extending or mitigating claims. This webinar provides a practical, in-depth analysis designed for attorneys handling fraudulent transfer claims, bankruptcy matters, and complex creditor-debtor disputes.

Key topics to be discussed:

  • Advanced analysis of transfers
  • Constructive fraud: Reasonably equivalent value and insolvency
  • Actual fraud: Uncovering intent and badges of fraud
  • Statute of limitations and deadline to assert a fraudulent transfer claim
  • Defenses to a fraudulent transfer claim: Advanced strategies
  • Pleading standard for fraudulent transfer claims
  • Insolvency and how it’s measured
  • Tolling and forbearance agreements

Date / Time: February 6, 2025

  • 1:00 pm – 4:20 pm Eastern
  • 12:00 pm – 3:20 pm Central
  • 11:00 am – 2:20 pm Mountain
  • 10:00 am – 1:20 pm Pacific

Closed-captioning available

Speakers

Brett M. Amron_myLawCLEBrett M. Amron | Bast Amron LLP

Brett Amron has been a litigator his entire career. Brett advises clients nationally in complex business and bankruptcy litigation with an emphasis on director and officer liability (D&O), breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Brett represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors.

Brett heads the Director and Officer Liability fiduciary practice, which identifies, investigates, and prosecutes claims against directors and officers. By maximizing the return on insurance coverage, Brett has been able to produce recoveries to creditors totaling tens of millions of dollars.

Brett was an early adopter of using contingency fee arrangements in insolvency and business litigation where resources can be limited. Under Brett’s leadership, Bast Amron’s commercial contingency practice has expanded both substantively and geographically. Brett actively represents clients in high-stakes litigation in many jurisdictions across the country, including Florida, Michigan, New York, Delaware, California, New Jersey, and Washington.

Brett began practicing law as a prosecutor in Miami. From there, he joined a large local firm in its bankruptcy litigation group, where he was elevated to partner. In 2008, Brett started his own practice and, in 2009, founded Bast Amron LLP with his partner Jeffrey Bast. The firm is widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex business disputes.

Brett’s legal work in litigation and bankruptcy has been recognized: Chambers and Partners ranked USA BAND 1 for Bankruptcy Litigation; recipient of the 2022 Turnaround and Transaction of The Year Award in the Non-Profit category by The Turnaround Management Association (TMA), a premier nonprofit serving corporate renewal and restructuring professionals worldwide; recognized by The National Law Journal as a Plaintiff’s Lawyers Trailblazer; highest possible AV Preeminent® Rating, Martindale-Hubbell, in both Legal Ability and Ethical Standards. Best Lawyers in America– Listed in Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation Bankruptcy, Florida Super Lawyers, Business Litigation, Creditor Debtor Rights, Top 100 in Florida

Brett speaks and writes frequently on various topics related to his practice and is currently a member, American Bar Association, Business Law Section, and D&O Liability Committee, and member, Federal Bar Association, Federal Litigation Section Board.

 

Dana Quick_myLawCLEDana Quick | Bast Amron LLP

Dana Quick is the first female and first LGBTQIA+ to be named partner at Bast Amron. Dana practices in the area of insolvency and commercial litigation. Her experience and expertise include prosecuting director and officer liability claims, and lender liability claims; representing trustees, creditors, creditor committees, and debtors in bankruptcy proceedings; state court insolvency litigation; and prosecuting and defending preference actions.

Dana’s experience in prosecuting director and officer liability claims spans various districts across the country, as well as many industries, including retail, energy, biotech, aerospace, non-profits, government contracting, retail, shipbuilding, and manufacturing. Her work has resulted in the recovery of tens of millions of dollars for unsecured creditors and garnered awards and recognition.

Additionally, Dana has significant experience representing and counseling companies of all sizes on employment issues, including ADA, FMLA, FLSA, Title VII, and other employment-related matters.

Prior to joining Bast Amron, Dana served as law clerk to The Honorable Laurel Myerson Isicoff, U.S. Bankruptcy Judge in the Southern District of Florida.

 

Peter J. Klock_myLawCLEPeter J. Klock, II | Bast Amron LLP

Peter practices in the area of complex business litigation, with an emphasis on commercial disputes and the prosecution of director, officer, and fiduciary liability claims. In his commercial disputes practice, Peter prides himself on being an advisor and a problem solver, as well as his ability to deftly avoid unnecessary litigation and obtain favorable results for his clients. In his director and officer liability practice, Peter represents trustees, receivers, and assignees in complex litigation against former fiduciaries of companies in a wide range of industries.

He also serves as outside general counsel to corporate clients and routinely advises clients in a variety of industries regarding compliance with state, national, and international data privacy laws, including various state data protection and breach notification statutes, the Federal Trade Commission Act, and the General Data Protection Regulation. Peter additionally negotiates and drafts vendor agreements, master services agreements, statements of work, and service level agreements on behalf of corporate clients in the technology sector, and actively supports our community by representing, pro bono, a minor in Florida’s juvenile dependency courts, serving on committees dedicated to enhancing the practice of law in the state of Florida, and mentoring law students and young attorneys. Peter is a holder of the Certified Information Privacy Professional designation from the International Association of Privacy Professionals, was named as a Rising Star by Florida Super Lawyers Magazine 2019-2023 and was named among Florida Trend’s Legal Elite for 2021.

Before joining Bast Amron, Peter served as a career judicial law clerk to the Honorable James Lawrence King in the Southern District of Florida. In that role, he drafted numerous published opinions and enjoyed primary responsibility for all aspects of the odd-numbered civil and criminal cases on Judge King’s docket, as well as a multi-district, multi-billion dollar litigation matter involving over thirty national banks, In re: Checking Account Overdraft Litigation, MDL No. 2036. Peter’s extensive experience working with the Court has given him a unique insight into federal courtroom procedure, effective legal argumentation, and efficient use of motions and pleadings.

Agenda

I. Advanced analysis of transfers | 1:00pm – 1:20pm

II. Constructive fraud: Reasonably equivalent value and insolvency | 1:20pm – 1:40pm

III. Actual fraud: Uncovering intent and badges of fraud | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Statute of limitations and deadline to assert a fraudulent transfer claim | 2:10pm – 2:30pm

V. Defenses to a fraudulent transfer claim: Advanced strategies | 2:30pm – 2:50pm

VI. Pleading standard for fraudulent transfer claims | 2:50pm – 3:10pm

Break | 3:10pm – 3:20pm

VII. Insolvency and how it’s measured | 3:20pm – 3:50pm

VIII. Tolling and forbearance agreements | 3:50pm – 4:20pm

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