Silverman v. Actrade Capital, Inc. (In Re Actrade Financial Technologies Ltd.)

How courts have described this case

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

• holding that badges of fraud are proper indications of intent
• analyzing both “fair equivalent” value and “good faith” on a motion to dismiss notwithstanding determination that questions of fact existed regarding “fair equivalence” of transfers
• refusing to hold transferee liable on actual fraudulent conveyance claim despite allegations that transferor engaged in fraudulent activity
• listing cases in which courts have held that Rule 9(b) does not apply to causes of action based on constructive fraud
• “[T]he question of ‘reasonably equivalent value’ and ‘fair equivalent’ is fact intensive, and usually cannot be determined on the pleadings.”
• “[T]he question of ‘reasonably equivalent value’ ... is fact intensive, and usually cannot be determined on the pleadings.”

Source: CourtListener parenthetical corpus (CC0).