If bankruptcy courts make prudent decisions, courts could help shape credit policy at U.S. The decisions that bankruptcy courts make in adjudicating these disputes will cause tens if not hundreds of billions of dollars to change hands over the next few years. As these debts become due and financially strapped businesses struggle to refinance, the outcome will almost certainly be a wave of defaults, bankruptcies, and intercreditor disputes including fraudulent transfer litigation. During the credit boom that started in 2003 and peaked in 2007, a remarkable volume of bank loans and bonds were issued, and a remarkable volume of highly leveraged transactions were financed. ![]() ![]() The United States is at the start of a surge in fraudulent transfer litigation.
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