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· 8/27/2010

Charys Liquidating Trust v. McMahan Securities Co. (In Re Charys Holding Co.)

Citations

  • 443 B.R. 628
  • 2010 WL 3417810

How courts have described this case

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

  • noting that with respect to constructive fraudulent transfer claims, “reasonably equivalent value is a fact intensive determination that typically requires testing through the discovery process,”
  • noting that with respect to constructive fraudulent transfer claims, “reasonably equivalent value is a fact intensive determination that typically requires testing through the discovery process,”
  • differentiating between “core” and “non-core” claims when determining that the forum selection clause did not apply to the fraudulent transfer claim
  • “Plaintiffs’ constructive fraudulent transfer claims are governed by Rules 8 and 12(b)(6) and not the heightened Rule 9(b) pleading standard.”
  • constructive fraudulent transfer claims 25 are governed by Civil Rule 8, not the heightened Civil Rule 9(b) pleading standard
  • constructive fraudulent transfer claims 25 are governed by Civil Rule 8, not the heightened Civil Rule 9(b) pleading standard

Source: CourtListener parenthetical corpus (CC0).

Judges: Brendan Linehan Shannon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.