In Re AFI Holding, Inc.

How courts have described this case

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

• concluding “reasonably equivalent value” has same meaning in constructive fraud and good faith defense provisions
• affirming summary judgment order against investor and remanding to the bankruptcy court with instructions to apply the good faith exception to its fraudulent transfer determinations
• “The mere existence of a Ponzi scheme is 6 sufficient to establish actual intent to defraud.”
• “[T]he affirmative defense to actual fraudulent transfers under § 3439.08 require[s] the determination of whether ‘reasonably equivalent value’ was transferred from the transferee to the debtor.”
• “[W]e delve beyond the ‘form’ to the ‘substance’ of the transaction.”
• examining 11 U.S.C. § 548(a) and Cal. Civ.Code § 3439.04(a)

Source: CourtListener parenthetical corpus (CC0).