Picard v. Taylor (In Re Park South Securities, LLC)

How courts have described this case

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

• finding that a bankruptcy trustee lacked constitutional standing to assert unjust enrichment claims on behalf of customers and not the estate
• stating that courts have held that SIPA section 78fff-2(c
• applying the Wagoner rule where defendants were allegedly “unjustly enriched at the expense not of the Debtor but, rather, of the [creditors] whose accounts [were] depleted”
• applying the Wagoner rule where defendants were allegedly “unjustly enriched at the expense not of the Debtor but, rather, of the [creditors] whose accounts [were] depleted”
• “The ‘intent’ that must be established under section 548(a) is the debtor’s actual fraudulent intent; under section 276 of the NYDCL, the Trustee must establish both the debtor’s and the transferee’s actual fraudulent intent.”
• “The ‘intent’ that must be established under section 548(a) is the debtor’s actual fraudulent intent; under section 276 of the [NYDCL], however, the [t]rustee must establish both the debtor’s and the transferee’s actual fraudulent intent.” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).