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· 9/15/1998

Federal Case

Citations

  • 154 F.3d 1262
  • 40 Collier Bankr. Cas. 2d 1288
  • 1998 U.S. App. LEXIS 22599

How courts have described this case

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

  • referring to the eleven factors that may be considered to determine fraudulent intent and are found in the AUFTA as “badges of fraud”
  • identifying 11 factors “courts should look to” when “determining whether the circumstantial evidence supports an inference of fraudulent intent” and noting “the appropriate analysis of actual fraudulent intent under § 548(a) would look to the badges of fraud”
  • identifying 11 factors “courts should look to” when “determining whether the circumstantial evidence supports an inference of fraudulent intent” and noting “the appropriate analysis of actual fraudulent intent under § 548(a) would look to the badges of fraud”
  • consent judgment not entitled to preclusive effect “where [it] was obtained as part of a collusive scheme on the part of [the debtor and its transferee] to hinder, delay, or defraud creditors”
  • Actual intent to defraud creditors is ordinarily established by circumstantial evidence typically gathered by a court’s consideration of certain badges of fraud.
  • listing of 11 badges of fraud

Source: CourtListener parenthetical corpus (CC0).

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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.