Moncrief v. New York Public Library

How courts have described this case

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

• explaining that the Ponzi 2 should have the opportunity to avail itself of a number of Code provisions which adversely 3 alter creditors’ contractual and nonbankruptcy rights.” Id. (quotation omitted). “A plan of 4 liquidation is allowed in §§ 1123(a)(5)(D) and (b)(4
• declining to consider a good-faith defense to a fraudulent transfer claim on a 9 12(b)(6) motion because “good faith is not susceptible of precise definition and the 10 analysis, being intensely factual, must be made on a case-by-case basis”
• “good faith is a question of fact that would ordinarily not be appropriately resolved on a motion to dismiss.”
• “There is nothing in the statute to suggest that a payment on a legitimate debt to a legitimate creditor cannot be an actual fraudulent conveyance if it was made with the actual intent on the part of the transferor to hinder, delay, or defraud his or her creditors.”

Source: CourtListener parenthetical corpus (CC0).