Churchill Truck Lines, Inc. v. United States

How courts have described this case

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

• to hold non-transferee liable for fraudulent transfer is inconsistent with the purpose of fraudulent transfer statutes
• “Conversion involves a taking of property without the owner’s consent. . . . Since Dairyland consented to, indeed made, the transfers, there was no conversion.”
• punitive damages not recoverable in a fraudulent transfer action brought pursuant to section 67 and 70 of the former Bankruptcy Act, the analogs to section 548 and 544, respectively, of the Bankruptcy Code.
• “[A]n inference would be unreasonable if it would allow a jury to rest its verdict on mere speculation and conjecture.” (quoting Bridges v. Groendyke Transp., Inc., 553 F.2d 877, 879 (5th Cir. 1977))
• “one who did not actually receive any of the property fraudulently transferred * * * will not be liable for its value, even though he may have participated or conspired in the making of the fraudulent transfer”
• “[W]e are persuaded that the Texas statute . . . does not provide for recovery other than recovery of the property transferred or its value from one who is, directly or indirectly, a transferee or recipient thereof.”

Source: CourtListener parenthetical corpus (CC0).