Document Type
Research Memorandum
Publication Date
2024
Abstract
(Excerpt)
Section 101(31)(B)(i) - (vi) of title 11 of the United States Code (the "Bankruptcy Code") outlines a number of parties who are considered corporate insiders. Additionally, courts have identified a class of "non-statutory" insiders, who fall outside of the parties defined in section 101 but are still considered insiders in the context of corporate bankruptcy. In a corporate bankruptcy, who is an insider, and what are the implications of being an insider with respect to fraudulent transfer claims?
This memorandum explores insider liability under chapter 11 of title 11 of the United States Code. Part I identifies the parties that are considered corporate insiders under section 101 (31)(B)(i)-(vi) of the Bankruptcy Code. Part II describes the tests used by the Second and Third Circuits to determine non-statutory insider status. Part III identifies the two general types of fraudulent transfer claims, and Part IV explains the role of insider status in actual fraudulent transfer claims.