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Legal Issues, State Law

The Uniform Commercial Real Estate Receivership Act: A solution for creditors concerned about the expected flood of commercial foreclosure filings and the resulting delays in the resolution of real property disputes.

Kenneth Dante Murena

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..

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Fraudulent Transfers, Reasonably Equivalent Value

Fifth Circuit Defends Prior Rulings that Ponzi Scheme Trade Creditors Do Not Provide Value Under Bankruptcy Code and Fraudulent Transfer Law Beyond Texas

Kenneth Dante Murena

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..

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in Pari Delicto Doctrine, Standing of Fiduciary

Ponzi Scheme Trustee Has Standing to Pursue Recovery Claims, and Is Not Barred by in Pari Delicto Doctrine, in Sixth Circuit

Kenneth Dante Murena

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..

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Fraudulent Transfers, Statute of Limitations

Tolling Statute of Limitations for Claims of Entities in Receivership or Bankruptcy Previously Controlled by Wrongdoer

Kenneth Dante Murena

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..

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Fraudulent Transfers, Good Faith Defense

Objective “Knew or Should Have Known” Standard Applies to Good Faith Defense to Actual Fraudulent Transfer Claim

Casandra Perez Murena and Kenneth Dante Murena

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..

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Archive, Fraudulent Transfers, Standing of Fiduciary

A Receiver Has Standing to Pursue Fraudulent Transfer Claims on Behalf of Receivership Entity

Kenneth Dante Murena

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..

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Fraudulent Transfers, Ponzi Scheme Presumption

Debtor/Transferor’s Actual Intent to Defraud May be Established Through Ponzi Scheme Presumption Based on Fraud Determination in Prior Action Against Debtor/Transferor

Casandra Perez Murena

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..

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Fraudulent Transfers, in Pari Delicto Doctrine, Receivership Estate, Standing of Fiduciary

Receivership Estate, as Legal Identity Separate and Distinct From Receivership Entity, is Creditor of Receivership Entity for Purposes of Fraudulent Transfer Claims

Kenneth Dante Murena

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..

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Litigation Stay and Stay Relief

Stay Relief Is Seldom Granted in Receivership Cases

Casandra Perez Murena

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..

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Jurisdiction, Litigation Stay and Stay Relief

A Receivership Court Has Exclusive Jurisdiction Over the Receivership Property but Not Necessarily the Receivership Defendant

Amanda L. Fernandez and Kenneth Dante Murena

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..

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Founding Editor & Author

Kenneth Dante Murena Kenneth Dante Murena
Partner, Damian & Valori LLP

Author

Casandra Perez Murena Casandra Perez Murena
Damian & Valori LLP

Author

Amanda L. Fernandez Amanda L. Fernandez
Rivero Mestre LLP

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