Tag «in Pari Delicto»

Receivership Estate, as Legal Identity Separate and Distinct From Receivership Entity, is Creditor of Receivership Entity for Purposes of Fraudulent Transfer Claims

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 it can only assert those claims that the entity could have asserted.  See Scholes v. Lehmann, 56 F.3d 750 (7th Cir. 1995); Eberhard v. Marcu, 530 F.3d 122 (2d Cir. …

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 …