Application of the Ponzi Scheme Presumption To satisfy the intent element of a claim for actual fraudulent transfer for purposes of surviving a motion to..
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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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The Ninth Circuit Court of Appeals, in SEC v. Wencke, 742 F.2d 1230 (9th Cir. 1984), set forth the three factors commonly applied by federal..
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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..
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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..
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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..