By Kenneth Dante Murena and Zachary Hyman As more businesses struggle to continue operations and meet financial obligations, mortgage defaults are likely to surge resulting..
Fifth Circuit Defends Prior Rulings that Ponzi Scheme Trade Creditors Do Not Provide Value Under Bankruptcy Code and Fraudulent Transfer Law Beyond Texas
Fifth Circuit Defends Prior Rulings that Ponzi Scheme Trade Creditors Do Not Provide Value Under Bankruptcy Code and Fraudulent Transfer Law Beyond Texas, After Texas..
Ponzi Scheme Trustee Has Standing to Pursue Recovery Claims, and Is Not Barred by in Pari Delicto Doctrine, in Sixth Circuit
Ponzi Scheme Trustee Has Standing to Pursue Recovery Claims, and Is Not Barred by in Pari Delicto Doctrine, in Sixth Circuit, Which Joins Third, Eighth and..
Tolling Statute of Limitations for Claims of Entities in Receivership or Bankruptcy Previously Controlled by Wrongdoer
Adverse Domination Doctrine Under the adverse domination doctrine, the statute of limitations for bringing an action against the corporate wrongdoers is tolled when those wrongdoers..
Objective “Knew or Should Have Known” Standard Applies to Good Faith Defense to Actual Fraudulent Transfer Claim
While a defendant who received transfers from an insolvent or fraudulent enterprise in good faith and for reasonably equivalent value may ultimately defeat an actual..
As set forth in Scholes v. Lehmann and adopted by courts across the country, a Receiver has standing to pursue fraudulent transfer claims because the receivership..
Debtor/Transferor’s Actual Intent to Defraud May be Established Through Ponzi Scheme Presumption Based on Fraud Determination in Prior Action Against Debtor/Transferor
Application of the Ponzi Scheme Presumption To satisfy the intent element of a claim for actual fraudulent transfer for purposes of surviving a motion to..
Receivership Estate, as Legal Identity Separate and Distinct From Receivership Entity, is Creditor of Receivership Entity for Purposes of Fraudulent Transfer Claims
Most court have adopted the traditional view that a receiver stands in the shoes of the entity that has been placed in receivership such that..
The Ninth Circuit Court of Appeals, in SEC v. Wencke, 742 F.2d 1230 (9th Cir. 1984), set forth the three factors commonly applied by federal..
A Receivership Court Has Exclusive Jurisdiction Over the Receivership Property but Not Necessarily the Receivership Defendant
A court that appoints a receiver over property of a defendant typically has exclusive jurisdiction over such property and imposes a stay against commencing any..