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HBE LEASING CORP. v. FRANK

Nos. 184, 564, Dockets 93-9263L, 94-7185XAP.

48 F.3d 623 (1995)

HBE LEASING CORPORATION, Signal Capital Corporation, John Hancock Corporation, Petitioners-Appellees-Cross-Appellants, v. Clemence FRANK, Respondent-Appellant, and Gerald Lefcourt, Jay Goldberg, Michael Berger, Judd Burstein, Goldstein & Stoloff, Richard Ware Levitt and Cliff Gordon, Respondents-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 18, 1995.

As Amended on Denial of Rehearing March 13, 1995.

Attorney(s) appearing for the Case

Edward Rubin, New York City, for respondent-appellant.

S. Pitkin Marshall, New York City, for petitioners-appellees-cross-appellants.

Sheryl E. Reich, New York City (Gerald B. Lefcourt, Lefcourt & Dratel, on the brief), for respondents-cross-appellees Gerald Lefcourt, Jay Goldberg, Judd Burstein, Richard Ware Levitt, and Cliff Gordon.

Michael G. Berger, pro se.

Before: NEWMAN, Chief Judge, WALKER and CALABRESI, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal concerns the application of fraudulent conveyance law to multi-party transactions involving an insolvent judgment debtor. In one set of transactions, the debtor exchanged mortgages for funds and immediately transferred the funds to a third party. In another set of transactions, the debtor paid the attorney's fees of its co-defendants in a civil action. The primary question in both circumstances is whether the debtor received...

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