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· 7/1/2015

Sauer Incorporated v. Lawson

Citations

  • 791 F.3d 214
  • 61 Bankr. Ct. Dec. (CRR) 92
  • 2015 U.S. App. LEXIS 11366

How courts have described this case

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

  • holding that heightened pleading standard applies to cases of actual fraud, but declining to decide pleading standard for constructive fraud
  • holding that \actual fraud\ as used in § 523(a)(2)(A) does not require a misrepresentation and includes the knowing receipt of fraudulent conveyances
  • holding that \actual fraud\ as used in § 523(a)(2)(A) does not require a misrepresentation and includes the knowing receipt of fraudulent conveyances
  • noting that Rule 9 is the appropriate pleading standard for an actual fraudulent transfer claim under the Rhode Island Uniform Fraudulent Transfer Act
  • noting that Rule 9 is the appropriate pleading standard for an actual fraudulent transfer claim under the Rhode Island Uniform Fraudulent Transfer Act
  • agreeing with McClellan and noting that the Restatement (Second) Torts §871 identifies fraudulent transfers as a type of fraud that extends beyond misrepresentations

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Thompson, Kayatta

Read full opinion on CourtListener

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.