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· 6/20/2008

Eberhard v. Marcu

Citations

  • 530 F.3d 122
  • 2008 U.S. App. LEXIS 13056
  • 2008 WL 2468438

How courts have described this case

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

  • recognizing that other courts have held that “receivers [appointed by the Securities and Exchange Commission (the “SEC”
  • holding that under New York law only creditors who are injured by a fraudulent transfer can bring a claim
  • explaining that receivers “help preserve the status quo,” “conserve the existing estate,” and “marshal the assets of the defendant” (internal quotation marks and citations omitted)
  • noting that “one of the few areas beyond dispute is that an action ‘for the recovery and possession of specific, real, or personal property is one at law’ ”
  • noting that “receivership should not be used as an alternative to bankruptcy”
  • tracing historical origins and eventual codification of New York law governing the avoidance of fraudulent conveyances

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Sotomayor, Wesley

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.