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· 9/22/2011

Picard Ex Rel. Liquidation of Bernard L. Madoff Investment Securities LLC v. Madoff (In Re Bernard L. Madoff Investment Securities LLC)

Citations

  • 458 B.R. 87
  • 2011 Bankr. LEXIS 3578
  • 55 Bankr. Ct. Dec. (CRR) 139
  • 2011 WL 4434632

How courts have described this case

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

  • concluding that the complaint adequately alleged defendants in senior management positions were insiders for imputation purposes, notwithstanding defendants’ contentions that Bernard Madoff controlled all aspects of the fraud
  • finding that the ‘Ponzi scheme presumption’ establishes a debtor’s fraudulent intent
  • finding that the ‘Ponzi scheme presumption’ establishes a debtor’s fraudulent intent
  • denying motion to dismiss because it was sufficiently alleged that defendants were fiduciaries and insiders of the debtor
  • dismissing certain of Trustee's claims that failed to meet the particularity requirement and relied on transfers outside the applicable time period
  • applying Civil Rule 8(a) pleading standards to claims alleged under 11 U.S.C. § 548(a)

Source: CourtListener parenthetical corpus (CC0).

Judges: Burton R. Lifland

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Sourced from CourtListener / Free Law Project (CC0).

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.