By Kenneth Dante Murena and Jonathan E. Groth In accordance with Section 1367(a) of Title 28 of the United States Code, a U.S. District Court..
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, After Texas..
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..
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..
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..
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..
A growing list of federal and state courts have determined that fraudulent transfer claims brought by an equity receiver are not barred by the doctrine..