In Re: Sharp International Corp. & Sharp Sales Corp., Debtors. Sharp International Corp., Debtor-Appellant v. State Street Bank and Trust Company

How courts have described this case

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

• holding that damages for “aiding and abetting” breach of fiduciary duty claim need only allege damages against alleged violators of duty
• noting that “badges of fraud” are “circumstances so commonly associated with fraudulent transfers that their presence gives rise to an inference of intent.”
• noting that one element of a claim for aiding and abetting a breach of fiduciary duty is a fiduciary’s breach of obligations to another
• noting that \[i]t is hard to locate that concept in a statute in which the issue of intent is irrelevant\ (internal quotation marks omitted)
• noting that the aider and abettor must have “actual knowledge” of the “breach by a fiduciary of obligations to another” (quotation marks 6 omitted)
• explaining that, in antecedent debt context, something more than knowledge of alleged fraud is required to demonstrate lack of good faith

Source: CourtListener parenthetical corpus (CC0).