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Second Circuit· 11/6/2009

Sai Feng Lin v. Holder

Citations

  • 352 F. App'x 539

How courts have described this case

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

  • holding that constructively fraudulent transfer claims are subject to the pleading standard of Rule 8(a) (2) rather than Rule 9
  • holding that the court requires the trustee, inter alia, to identify the particular debtor making the preferential transfer when there are multiple debtors involved in the case
  • observing that reasonably equivalent value is usually a factual issue best left for decision after discovery is concluded
  • holding “[t]he presence or absence of any single badge of 17 fraud is not conclusive”
  • dismissing 15 actual and constructive fraudulent transfer claims where complaint based on “theory of 16 collective responsibility” lacked “specific allegations” of wrongdoing by “particular” 17 defendants

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Leval, Newman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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