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