Legal Opinion
FIDELITY BOND AND MORTG. CO. v. Brand
District Court, E.D. Pennsylvania
Decided July 18, 2007No. Civil Action 06-2127PublishedCited by 29 opinions
1Opinion of the Court
MEMORANDUM OPINION
SAVAGE, District Judge.
This bankruptcy appeal presents the issue of who — the creditor or the grantee— has the burden of proof in a constructive fraud action under the Pennsylvania Uniform Fraudulent Transfer Act 1 (“PUF-TA”) — a question that has not been decided by the Pennsylvania courts or the Third Circuit. Fidelity Bond and Mortgage Company (“Fidelity”) challenges the Bankruptcy Court’s placing the burden on Fidelity by a preponderance of the evidence rather than on the defendants to prove by clear and convincing evidence that Fidelity had been left with too few assets…
2Cases cited22 opinions
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- United States v. Linette Perez, United States of America v. Juancho Alcantera, United States of America v. Edmundo BatoonCourt of Appeals for the Third Circuit · 2002
- Lansford-Coaldale Joint Water Authority, in No. 92-7605 v. Tonolli Corporation Tonolli Canada, Ltd. Ifim International B v. in No. 92-7671Court of Appeals for the Third Circuit · 1993
- In Re Margaret J. Myers, Debtor. Margaret J. MyersCourt of Appeals for the Third Circuit · 2007
17 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
- Boyer v. Crown Stock Distribution, Inc.Court of Appeals for the Seventh Circuit · 2009
- In re: Thomas C. Wettach v.Court of Appeals for the Third Circuit · 2016
- Kipperman v. Onex Corp.District Court, N.D. Georgia · 2009
- Cardiello v. Arbogast (In re Arbogast)United States Bankruptcy Court, W.D. Pennsylvania · 2012
24 more not listed; retrieve them via the Exa API.