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    • Kenneth Dante Murena
    • Casandra Perez Murena
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Fraudulent Transfers, Legal Issues

Kenneth Murena appointed Receiver in one of the largest receiverships of 2024

Kenneth Dante Murena

We are pleased to announce that Kenneth Dante Murena has been appointed as Receiver in one of the year’s largest receiverships. The SEC has charged..

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Kenneth Dante Murena was appointed Receiver in the SEC enforcement action over $330 Million Ponzi Scheme
Fraudulent Transfers, Legal Issues, Ponzi Scheme Presumption

Kenneth Dante Murena Appointed Receiver In The SEC’s Enforcement Action Over $300 Million Ponzi Scheme

Kenneth Dante Murena

Kenneth Dante Murena was appointed Receiver in the SEC enforcement action over Atlanta-based Drive Planning LLC to halt a $300 million real estate Ponzi scheme..

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Fraudulent Transfers, Legal Issues, Recovery/Avoidance Actions

Eleventh Circuit Confirms Receiver’s Standing to Bring Fraudulent Transfer Claims

Casandra Perez Murena

By Casandra Perez Murena In a recent decision by the Eleventh Circuit Court of Appeals, the Court confirmed that a Receiver has standing to bring..

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Fraudulent Transfers, Jurisdiction, Recovery/Avoidance Actions

Appointing Court Has Supplemental Jurisdiction Over Receiver’s Recovery Actions to Accomplish Ends Sought and Directed in Enforcement Action

Kenneth Dante Murena

By Kenneth Dante Murena and Jonathan E. Groth In accordance with Section 1367(a) of Title 28 of the United States Code, a U.S. District Court..

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Legal Issues, State Law

The Uniform Commercial Real Estate Receivership Act: A solution for creditors concerned about the expected flood of commercial foreclosure filings and the resulting delays in the resolution of real property disputes.

Kenneth Dante Murena

By Kenneth Dante Murena and Zachary Hyman As more businesses struggle to continue operations and meet financial obligations, mortgage defaults are likely to surge resulting..

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Fraudulent Transfers, Reasonably Equivalent Value

Fifth Circuit Defends Prior Rulings that Ponzi Scheme Trade Creditors Do Not Provide Value Under Bankruptcy Code and Fraudulent Transfer Law Beyond Texas

Kenneth Dante Murena

Fifth Circuit Defends Prior Rulings that Ponzi Scheme Trade Creditors Do Not Provide Value Under Bankruptcy Code and Fraudulent Transfer Law Beyond Texas, After Texas..

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in Pari Delicto Doctrine, Standing of Fiduciary

Ponzi Scheme Trustee Has Standing to Pursue Recovery Claims, and Is Not Barred by in Pari Delicto Doctrine, in Sixth Circuit

Kenneth Dante Murena

Ponzi Scheme Trustee Has Standing to Pursue Recovery Claims, and Is Not Barred by in Pari Delicto Doctrine, in Sixth Circuit, Which Joins Third, Eighth and..

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Fraudulent Transfers, Statute of Limitations

Tolling Statute of Limitations for Claims of Entities in Receivership or Bankruptcy Previously Controlled by Wrongdoer

Kenneth Dante Murena

Adverse Domination Doctrine Under the adverse domination doctrine, the statute of limitations for bringing an action against the corporate wrongdoers is tolled when those wrongdoers..

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Fraudulent Transfers, Good Faith Defense

Objective “Knew or Should Have Known” Standard Applies to Good Faith Defense to Actual Fraudulent Transfer Claim

Casandra Perez Murena and Kenneth Dante Murena

While a defendant who received transfers from an insolvent or fraudulent enterprise in good faith and for reasonably equivalent value may ultimately defeat an actual..

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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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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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