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

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 debtor made the transfer, notwithstanding any choice of law provision in a contract between the debtor and the transferee. A receiver bringing state law fraudulent transfer claims on behalf of …

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

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 of in pari delicto. While the following list includes many of the significant and most frequently-cited decisions setting forth or upholding this proposition of law, it is by no means …