Tag «S.D.N.Y.»

A Receivership Court Has Exclusive Jurisdiction Over the Receivership Property but Not Necessarily the Receivership Defendant

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 litigation that would affect it.  A plaintiff that seeks to file suit to recover, impair, or affect property of a receivership estate or otherwise in the hand of the receiver …

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 …