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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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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 | Culmo

Author

Casandra Perez Murena Casandra Perez Murena
Damian | Valori | Culmo

Author

Jonathan E. Groth Jonathan E. Groth
HGIM Law

Author

Amanda L. Fernandez Amanda L. Fernandez
Rivero Mestre LLP

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