On June 20, 2016, the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) denied in part a motion to dismiss and allowed state law constructive fraudulent transfer claims to proceed, despite the fact that such claims likely would have been precluded by the Bankruptcy Code’s safe harbors if brought pursuant to federal law. This decision is notable in that it contradicts a recent decision by the Second Circuit Court of Appeals in Tribune, which held that creditors are preempted from asserting state law constructive fraudulent conveyance claims by virtue of the Bankruptcy Code’s safe harbors.View full memo, Not So Safe After All?
