· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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