Sula Costa Daily NYC

If you have problems viewing this email, click here to view it online. Click here to forward this email.       CLIENT ALERT   June 26, 2020 Eleventh Circuit Shuts Down Receiver’s Attempt to Recover Ponzi Scheme Losses from Bank In recent years, receivers and bankruptcy trustees have sought to recover losses from banks and large businesses—who may be viewed as “deep pockets” for potential recoveries—based on evolving legal theories. Pursuant to one of these theories, trustees and receivers increasingly have alleged that routine banking activities can give rise to fraudulent conveyance liability—in many cases seeking to recover every single deposit made by a distressed entity into its own accounts at one or more financial institutions. A recent published decision from the United States Court of Appeals for the Eleventh Circuit, Isaiah v. JPMorgan Chase Bank, 960 F.3d 1296 (11th Cir. 2020), soundly rejected the notion that deposits and withdrawals from an ordinary deposit account constitute fraudulent transfers to the bank, and held that receivers lack standing to assert tort claims that the receivership entities would not be able to pursue.  Read more...     Read the full alert   Jamie Zysk Isani Dain A. De Souza   Financial Services Litigation Bankruptcy, Restructuring and Creditors’ Rights   Hunton Andrews Kurth LLP1111 Brickell Avenue, Suite 2500Miami, FL 33131 Visit HuntonAK.com.   © 2020 Hunton Andrews Kurth LLP. If you have received this email in error, or if you would no longer like to receive electronic advisories from the sender, please reply using the "opt out" link below. ATTORNEY ADVERTISING MATERIALS. These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon these materials. COOKIES. We use GIFs and Google Analytics performance cookies in our marketing emails to collate statistical data to measure email opening rates, webpage hyperlink click-through rates and other statistics measuring marketing campaign effectiveness. If you object to the use of such analytic cookies, please reply using the "opt out" link below. Hunton Andrews Kurth LLP, 200 Park Avenue, New York, NY 10166