- 11 U.S.C.
Barnard v. Albert (In re Janitorial Close-Out City Corp.)
Feb
08
2013
Ruling
Trustee could recover transfers made by debtor during operation of Ponzi scheme.
Procedural posture
Plaintiff chapter 7 Trustee sought to recover transfers as (1) unjust enrichment, (2) transfers made with actual intent to hinder, delay, or defraud debtors' creditors pursuant to 11 U.S.C.S. § 548(a)(1)(A) and N.Y. Debt. & Cred. Law § 276 (2012) ("actual intent fraud"), and (3) constructively fraudulent transfers. In addition, the Trustee sought to recover attorney's fees. Defendant was the transferee. The Trustee moved for summary judgment.
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