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· 12/22/1999

Fogal Legware of Switzerland, Inc. v. Wills (In Re Wills)

Citations

  • 243 B.R. 58
  • 2000 Cal. Daily Op. Serv. 330
  • 43 Collier Bankr. Cas. 2d 852
  • 2000 Daily Journal DAR 471
  • 1999 Bankr. LEXIS 1655
  • 35 Bankr. Ct. Dec. (CRR) 121
  • 1999 WL 1293705

How courts have described this case

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

  • stating that fraudulent intent may be inferred from “a close relationship between the transferor and the transferee”
  • surrounding circumstances and “badges of fraud” may establish the necessary intent; such badges include (1) close relationship between transferor and transferee, (2) transfer in anticipation of pending suit, (3) debtor’s poor financial condition at time of transfer, (4
  • “[s]ummary judgment is ordinarily not appropriate in a § 727 action where there is an issue of intent”
  • intent may be 15 established by a pattern of falsity, debtor's reckless 16 indifference, or disregard of the truth
  • \A false statement or omission may be material even if it does not cause direct financial prejudice to creditors.\
  • intent may be established by a 14 pattern of falsity, debtor's reckless indifference, or disregard 15 of the truth

Source: CourtListener parenthetical corpus (CC0).

Judges: Perris, Brandt, Klein

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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.