Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)

How courts have described this case

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

• concluding plaintiff established by a preponderance of the evidence that the debtor had a right to contribution under Georgia law
• describing why creditors controlled the debtor and were insiders at the time of the loan
• treating § 726.105 as state law equivalent of 11 U.S.C. § 548(a)(1)(A) and treating § 726.106 as state law equivalent of § 548(a)(1)(B)
• discussing an attempt to re-characterize transaction to avoid classification as initial transferee
• noting the “confluence of several” badges is sufficient for “conclusive evidence of an actual intent to defraud” (quoting Max Sugarman Funeral Home, Inc. v. A.D.B. Investors, 926 F.2d 1248, 1254–55 (1st Cir. 1991))
• finding actual intent to defraud based upon “at least three” badges of fraud

Source: CourtListener parenthetical corpus (CC0).