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Tag: 7th Circuit

The Receivers Report > 7th Circuit
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, 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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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

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Casandra Perez Murena Casandra Perez Murena
Damian & Valori LLP

Author

Amanda L. Fernandez Amanda L. Fernandez
Rivero Mestre LLP

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