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Bankruptcy Recharacterization

Published On: August 5th, 2013 | Author: Perry Law, P.C. | Category: Arizona Bankruptcy Idaho Washington

The 9th Circuit recently decided In re Fitness Holdings, Intern., Inc., 714 F.3d 1141.  The case stands for the conclusion that bankruptcy courts can recharacterize a claim from debt to an equity interest for purposes of the Bankruptcy Code Section 548.  This has important implications for possible fraudulent transfers and in turn determining a debt is non-dischargeable.  In reaching this conclusion the 9th Circuit joins the 3rd, 4th, 5th, 6th and 10th Circuits, as noted in the case itself.

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