Brooks v. Whirlpool Corp.

How courts have described this case

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

• applying the Pennsylvania Uniform Fraudulent Conveyances Act, 39 P.S. § 351
• upholding district court decision that the defendant lender “did not act in good faith because it was aware, first, that the exchange would render [the debtor] insolvent, and second, that no member of the [debtor] would receive fair consideration”
• trustee’s claim asserted on behalf of the United States was not barred by the state statute of limitations since the trustee was empowered to assert the rights of the United States as a creditor
• § 548 of the Bankruptcy Code is modelled on the UFCA
• without discussing the issue, the Court appears to apply the UFCA to a transaction which took seven years prior to suit; however, this result may be explained by the intervention of subsequent mediate transfers and the presence of actual fraud
• Fraudulent intent is a question of fact

Source: CourtListener parenthetical corpus (CC0).