Legal Opinion

In Re Betty I. French, Debtor. Randy Lee French Donna Marie Shaka v. George W. Liebmann, Trustee-Appellee

Court of Appeals for the Fourth Circuit

Decided February 14, 2006No. 05-1054PublishedCited by 39 opinions

1Opinion of the Court

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL joined. Judge WILKINSON wrote a separate concurring opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This appeal presents the question of whether a United States bankruptcy court can avoid a constructively fraudulent transfer of foreign real property between United States residents. The transferees here argue that the presumption against extraterritoriality and the doctrine of international comity preclude application of the Bankruptcy Code. Both the bankruptcy court and the district court rejected these…

2Cases cited30 opinions

  1. Hilton v. GuyotSupreme Court of the United States · 1895
  2. Equal Employment Opportunity Commission v. Arabian American Oil Co.Supreme Court of the United States · 1991
  3. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  4. Hartford Fire Ins. Co. v. CaliforniaSupreme Court of the United States · 1993
  5. Central Virginia Community College v. KatzSupreme Court of the United States · 2006

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3Cited by39 opinions

  1. In re PicardCourt of Appeals for the Second Circuit · 2019
  2. Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLCUnited States Bankruptcy Court, S.D. New York · 2012
  3. In Re Robert E. Harris, Debtor, Robert E. Harris, Albany County Office, Mark Swimelar, TrusteeCourt of Appeals for the Second Circuit · 2006
  4. Fairfield Sentry Ltd. v. Theodoor GGC Amsterdam (In re Fairfield Sentry Ltd.)United States Bankruptcy Court, S.D. New York · 2018
  5. Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014

34 more not listed; retrieve them via the Exa API.

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