Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
13 years 11 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-10989
Ruling:
"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...
Judge(s):
Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.
The Court reversed the bankruptcy court's ruling granting summary judgment in favor of the defendants, and remanded for further proceedings. The Court held that funds paid by the debtor's...
This case presented an issue of first impression in the Sixth Circuit about how reasonably equivalent value is calculated when the transfer is a payment of a tax obligation owed to the IRS. ...
The Court of Appeals affirmed the Bankruptcy Appellate Panel's ruling. See 8th Cir. R 47 B.
Specifically, the court refused to consider an argument from the trustee indicating the burden of proof...
For purposes of recovering fraudulent transfers (§ 548(a)), all transfers made in furtherance of a Ponzi scheme are presumed to have been made with fraudulent intent. Therefore, it is presumed...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 4 months ago
Citation:
Case No. 11-6018 (B.A.P. 8th Cir., Oct. 12, 2011)
Ruling:
The Bankruptcy Appellate Panel for the 8th Circuit reversed and remanded the bankruptcy court's ruling in favor of the Debtor's parents on a fraudulent transfer action, in which the bankruptcy...
