Now showing items 1-10 of 12
Minimizing the risk of fraudulent transfer avoidance: A good-faith solvency opinion as the shield to protect a leveraged transaction
Irina Fox, Minimizing the Risk of Fraudulent Transfer Avoidance: A Good-Faith Solvency Opinion as the Shield to Protect a Leveraged Transaction, 91 Am. Bankr. L.J. 739 (2017).
Avoidance of leveraged transactions as fraudulent transfers has proliferated in the aftermath of the recent financial crisis and during the resultant economic recession. When planning leveraged deals, such as buyouts, ...
Necessity of protecting public securities transactions: Reading Bankruptcy Code section 546(e) to preempt state-law fraudulent transfer avoidance actions
Irina Fox, The Necessity of Protecting Public Securities Transactions: Reading Bankruptcy Code Section 546(e) to Preempt State-Law Fraudulent Transfer Avoidance Actions, 27 Norton J. Bankr. L. & Prac. 123 (2018).
Securities: Dealing with tender offers in M&A transactions
Irina V. Fox, Securities: Dealing with Tender Offers in M&A Transactions, in 2018 Business Law Seminar (Neb. State Bar Ass'n ed., 2018).
Penalty clauses in testaments: What Louisiana can learn from the common law
Irina Fox, Comment, Penalty Clauses in Testaments: What Louisiana Can Learn from the Common Law, 70 La. L. Rev. 1265 (2010).
A typical in terrorem clause (also referred to as penalty, forfeiture, or no-contest clause) used in a person’s last will threatens that those who contest the will in court will forfeit their bequest. The Latin phrase “in ...
"Reasonably equivalent value" in § 548 avoidance actions: An analytical framework post-In re TOUSA, Inc.
Irina Fox, “Reasonably Equivalent Value” in § 548 Avoidance Actions: An Analytical Framework Post-In re TOUSA, Inc., 20 Norton J. Bankr. L. & Prac. 469 (2011).
Avoidance powers in bankruptcy are designed to prevent the debtor from fraudulently siphoning away his property on the verge of bankruptcy. Usually, a trustee in bankruptcy can avoid prepetition transfers of the debtor’s ...
Settlement payment exception to avoidance powers in bankruptcy: An unsettling method of avoiding recovery from shareholders of failed closely held company LBOs
Irina V. Fox, Settlement Payment Exception to Avoidance Powers in Bankruptcy: An Unsettling Method of Avoiding Recovery from Shareholders of Failed Closely Held Company LBOs, 84 Am. Bankr. L.J. 571 (2010).
This is the first scholarly article to analyze the recent jurisprudential expansion of 11 U.S.C. § 546(e), the settlement payment exception to bankruptcy avoidance powers. This provision was originally enacted by Congress ...
Distressed lender beware: How TOUSA killed the upstream guaranty
Irina Fox, Distressed Lender Beware: How TOUSA Killed the Upstream Guarantee, 21 Norton J. Bankr. L. & Prac. 707 (2012).
The United States Court of Appeals for the Eleventh Circuit, in its May 15, 2012 opinion In Re. TOUSA, Inc., reversed the decision of the United States District Court for the Southern District of Florida, and affirmed the ...
Back to square one: How Tribune revived the settlement payment safe harbor to trustee avoidance powers in the context of leveraged buyouts
Irina Fox, Back to Square One: How Tribune Revived the Settlement Payment Safe Harbor to Trustee Avoidance Powers in the Context of Leveraged Buyouts, 29 NORTON J. BANKR. L. & PRAC. 295 (2020).
This Article reviews the history of the Code section 546(e) safe harbor, highlighting the circuit split that was resolved by Merit Management. The Article then focuses on the current framework for the analysis, as it was ...
Women in prison: Louisiana
Irina Fox, Women in Prison: Louisiana, Counterbalance (Nat’l Ass’n of Women Judges), Spring 2009, at 27.
Protecting All corporate stakeholders: Fraudulent transfer law as a check on corporate distributions
Irina Fox, Protecting All Corporate Stakeholders: Fraudulent Transfer Law as a Check on Corporate Distributions, 44 Del. J. Corp. L. 81 (2020).
Debt-funded dividends is a recent aggressive practice that is a product of post-recession low interest rates. On numerous occasions, private-equity funds have forced the companies they invest in to borrow substantial sums ...