B.E.L.T., Inc. v. Wachovia Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• emphasizing that, absent evidence of a Debtor’s fraudulent intent, a satisfied lender who “loaned money to [the Debtor] at the market price, in the ordinary course of its business . . . is presumptively entitled to keep the repayment”
• “Calling the receipt of a preference ‘unjust enrichment’ does not change matters; a preference by any other name is still a preference and cannot be recovered outside bankruptcy.”
• “Calling the receipt of a preference ‘unjust enrichment’ does not change matters; a preference by any other name is still a preference and cannot be recovered outside bankruptcy.”
• finding no state cases where payments to arms’ length third-party creditors were found fraudulent
• regulation requiring banks to notify Treasury Department of known or suspected criminal violation does not create private action for damages
• “There can be no fraud without a representation made with intent to deceive … .”

Source: CourtListener parenthetical corpus (CC0).