· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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