A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu


IN RE: LAURA A. WIERZBICKI, Debtor, BRENDA L. ZEDDUN, Tr. in Bankr., Plaintiff-Appellee, v. GREG GRISWOLD, Defendant-Appellant., No. 16-1334, 2016 WL 4011173 (7th Cir. July 27, 2016) considered “whether a debtor in bankruptcy received reasonably equivalent value in deciding whether a pre-bankruptcy transfer of the debtor’s property amounted to a fraudulent transfer.” The appellate court reasoned that whether a debtor has received reasonably equivalent value in an exchange of property “is a question of fact, and appellate review of such a finding is deferential, asking whether the finding of fact is clearly erroneous.” Furthermore, courts should consider “all the circumstances of the transfer, including ‘the fair market value of what was transferred and received, whether the transaction took place at arm’s length, and the good faith of the transferee.’” Here, the bankruptcy court found that the transfer of the farm at issue was fraudulent and avoided the transfer, concluding that defendant exchanged nothing of value. Appellate court affirmed.


NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule NMFS will expand scope of an Environmental Impact Statement for a new bycatch management program for trawl groundfish fisheries in the Gulf of Alaska. Info here.

Notice the SEDAR 49 assessment of the Gulf of Mexico Data-limited Species will consist of a data workshop, a review workshop, and assessment webinars. Info here.

Notice the Department of Commerce invites the public and other Federal agencies to comment on proposed and/or continuing information collections. Info here.

Share: