Adam L. Kochenderfer Law Blog

The Michigan Court of Appeals recently affirmed a trial court’s judgment on the grounds that the defendants did not respond to discovery requests within the time period required by Michigan Court Rules.  In Niewenhuis Constr. v. Genesis Equity Group, Case No. 297060 (Mich. Ct. App. Jan. 3, 2012), a construction company brought a claim against defendants seeking $178,742.93 for completed work.  The construction company issued requests for admission,... Read More

A recent decision by the New York Southern District Court in the Madoff cases held that a bankruptcy trustee can recover both principal and interest a transferee received from a Ponzi scheme operator, absent good faith.  The court held that any transfer made to allegedly serve a Ponzi scheme is presumed to be made with actual intent to hinder, delay, or defraud creditors.  This allegation is sufficient to adequately plead a fraudulent transfer action, requiring a transferee to... Read More