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Category: Fraudulent Transfers

The Receivers Report > Legal Issues > Fraudulent Transfers
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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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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Choice of Law, Fraudulent Transfers

For Fraudulent Transfer Claims, Courts Should Apply Law of Jurisdiction in Which Debtor Is Located, Was Injured and Made the Transfer

Casandra Perez Murena

For purposes of fraudulent transfer claims, courts should apply law of jurisdiction in which the debtor is located and was injured and from which the..

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Archive, Fraudulent Transfers, in Pari Delicto Doctrine

Receivers’ Fraudulent Transfer Claims Are Not Barred by In Pari Delicto Doctrine: A Survey of Federal and State Court Decisions

Kenneth Dante Murena

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..

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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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