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Redemption Payments Salvaged Prior to the Collapse of Ponzi Schemes

By Eduardo J. Glas
June 27, 2007

What can be worse than crushed expectations? Consider the following: An investor's money was invested with a hedge fund that turned out to be a Ponzi scheme. In a stroke of luck, the investor avoided a huge loss by redeeming his investment and gains prior to the collapse of the crooked company. Now, the trustee of the bankrupt hedge fund wants the money back, claiming that the transfer was fraudulent under ' 548 of the Bankruptcy Code and the N.Y. Fraudulent Conveyance law (New York Debtor & Creditor Law ” 271-276). Is there a quick way out of this nightmarish scenario? No, according to Bayou Superfund LLC v. WAM Long/Short Fund II. L.P. et al. (In re Bayou Group, LLC), 2007 WL 582530 (Bankr.S.D.N.Y.)

Bayou

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