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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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