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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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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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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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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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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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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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 growing list of federal and state courts have determined that fraudulent transfer claims brought by an equity receiver are not barred by the doctrine..