Fraudulent-Transfer Claims

Reid Collins is a groundbreaker in fraudulent-transfer litigation. Section 546(e) of the United States Bankruptcy Code has long improperly shielded wrongdoers from accountability. Over more than two decades, others lost countless cases in numerous circuit courts across the country due to this “safe harbor” defense. In FTI Consulting, Inc. v. Merit Management LP, Reid Collins formulated a plan to create a circuit split on the § 546(e) safe harbor by filing the trustee’s lawsuit in Seventh Circuit, which had yet to consider the defense, and the firm’s innovative arguments there led the Seventh Circuit to issue a landmark ruling limiting the scope of § 546(e). Reid Collins then defended this ruling before the United States Supreme Court, which issued a unanimous ruling affirming the Seventh Circuit’s opinion.

Reid Collins is now on the forefront of the public policy and legal debate concerning whether § 546(e) preempts state law fraudulent-transfer claims. In addition to the claims it is pursuing for its clients, the firm recently represented a group of prominent bankruptcy trustees as amici curiae before the United States Supreme Court in the Tribune case

Reid Collins is pursuing fraudulent-transfer claims seeking hundreds of millions of dollars in recoveries in several bankruptcy courts across the country. The firm also has experience handling complex preference lawsuits, including preference claims involving millions of dollars in transfers.

Prior results do not guarantee a similar outcome.