The Supreme Court Limits A Trustee’s Rights To Recover Fraudulent Transfers Against The Internal Revenue Service

The Bankruptcy Code provides chapter 7 trustees with significant powers to liquidate and collect estate assets and pursue litigation claims, such as fraudulent transfer claims against third parties, all to increase the recoveries to creditors in a bankruptcy case. A trustee’s ability to pursue the IRS and other governmental units that may have a right to sovereign immunity has now been negatively impacted by the Supreme Court in a recent important decision....
By: Tarter Krinsky & Drogin LLP

Array