· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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