Legal Opinion

In Re AFI Holding, Inc.

Court of Appeals for the Ninth Circuit

Decided April 16, 2008No. 06-55033, 06-55070PublishedCited by 75 opinions

1Opinion of the Court

TROTT, Circuit Judge:

The bankruptcy court granted summary judgment in favor of the Trustee for Advance Finance Incorporated (“AFI”), avoiding transfers from AFI to Keith Mackenzie under Cal. Civ. Code § 3439.04(a), and holding that the good faith exception to fraudulent transfers under Cal. Civ. Code § 3439.08(a) was barred as a matter of law because no “reasonably equivalent value” was exchanged for the transfers. The district court reversed and remanded, holding that the good faith exception was not barred as a matter of law. We have jurisdiction pursuant to 28 U.S.C. § 158(d), 1 and we…

2Cases cited6 opinions

  1. In Re Frank Salazar in Re Margaret Salazar, Debtors, Frank Salazar Margaret Salazar v. Kathleen A. McDonald Armando Flores Christine FloresCourt of Appeals for the Ninth Circuit · 2005
  2. In Re Riverside-Linden Investment Co., Debtor. Estes & Hoyt, a Professional Corporation Ralph O. Boldt, Trustee v. Kathryn Crake Earl HaferCourt of Appeals for the Ninth Circuit · 1991
  3. Wyle v. C.H. Rider & Family (In re United Energy Corp.)Court of Appeals for the Ninth Circuit · 1991
  4. In Re Raintree Healthcare Corp., Debtor. Suncrest Healthcare Center LLC v. Omega Healthcare Investors, Inc.Court of Appeals for the Ninth Circuit · 2005
  5. In Re James H. Emery in Re Cheryl A. Emery, Debtors, Kasdan, Simonds, McIntyre Epstein & Martin v. World Savings & Loan Association, in Re James H. Emery in Re Cheryl A. Emery, Debtors, Kasdan, Simonds, McIntyre Epstein & Martin v. World Savings & Loan AssociationCourt of Appeals for the Ninth Circuit · 2003

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3Cited by75 opinions

  1. Donell v. KowellCourt of Appeals for the Ninth Circuit · 2008
  2. Slatkin v. NeilsonCourt of Appeals for the Ninth Circuit · 2008
  3. Christian Bros. High School Endowment v. Bayou No Leverage Fund, LLC (In Re Bayou Group, LLC)District Court, S.D. New York · 2010
  4. Decker v. Tramiel (In Re JTS Corp.)Court of Appeals for the Ninth Circuit · 2010
  5. HSBC Bank USA, National Ass'n v. Blendheim (In Re Blendheim)Court of Appeals for the Ninth Circuit · 2015

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