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..
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..
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..
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..
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..
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..
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..
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..