Salomon v. Kaiser (In re Kaiser) (1983)
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· 468 citation events
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Young v. Peter J. Saker, Inc. (In Re Paula Saker & Co.) (1984)
In re Johns-Manville Corp., 38 B.R. 331 (S.D.N.Y.1983); In the Matter of Neis, 723 F.2d 584 , 11 B.C.D. 423 (7th Cir.1983); but see Salomon v. Kaiser, 722 F.2d 1574 , 1581 (2nd Cir.1983) (dicta).
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McKay v. Longman (2019)
See In re Kaiser , 722 F.2d 1574 , 1583 (2d Cir. 1983) ("[t]he shifting of assets by the debtor to a corporation wholly controlled by him is [a] badge of fraud").
"[t]he shifting of assets by the debtor to a corporation wholly controlled by him is [a] badge of fraud"
In re Kaiser, 722 F.2d 1574, 1582-83 (2d Cir.1983).
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Ng v. Adler (In re Adler) (2013)
In re Boyer, 328 Fed.Appx. at 715 & n. 2 (internal quotation marks omitted) (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir.1983)); see also Robertson v. Dennis (In re Dennis), 330 F.3d 696, 702 (5th Cir.2003) (describing the six badges that appear in In re Kaiser, 722 F.2d at 1582-83 , as those “that tend to prove actual intent to defraud”).
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Despins v. Meta Platforms Inc. (2025)
Because “[f]raudulent intent is rarely susceptible to direct proof . . . courts have developed ‘badges of fraud’ to establish the requisite actual intent to defraud.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir. 1983) (internal citations omitted).
internal citations omitted
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Despins v. Apple Inc. (2025)
Because “[f]raudulent intent is rarely susceptible to direct proof . . . courts have developed ‘badges of fraud’ to establish the requisite actual intent to defraud.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir. 1983) (internal citations omitted).
internal citations omitted
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Gould v. Liebl-Weaver (2024)
Conn. 2019) (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1583 (2d Cir. 1983)).
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Cathay Bank v. Malliarakis (2023)
See In re Kaiser, 722 F.2d 1574 , 1583 (2d Cir. 1983) (“[t]he shifting of assets by the debtor to a corporation wholly controlled by him is [a] badge of fraud.”).16 . 15 In addition, in its November 3, 2015 dismissal of her second bankruptcy petition, the court ordered, among other things, that she pay to Cathay $9,000 per month for use and occupancy of the Baldwin Property up to two months.
“[t]he shifting of assets by the debtor to a corporation wholly controlled by him is [a] badge of fraud.”
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Mendelsohn v. Kumar (2023)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983). 2.
A court may find the requisite intent through either: (1) direct or explicit proof, or, (2) a preponderance of circumstantial evidence of a debtor’s illicit intent, commonly known as the “badges of fraud.” Id. (quoting Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983)).
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William M. Anderson - Adversary Proceeding (2023)
Conn. 2020) (quoting In re Kaiser, 722 F.2d at 1574, 1582-83 (2d Cir. 1983)). 2.
2d Cir. 1983
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Mendelsohn, Trustee of the Estate of Hyung Taek Ho v. NATIONSTAR MORTGAGE LLC D/B/A MR.COOPER (2022)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983).
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Schnittjer, Chapter 7 Trustee v. Gonyier (2022)
E.D.N.Y. 2015) (quoting Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1583 (2d Cir. 1983)).
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Michael J Canape (2022)
While fraudulent intent may be determined by looking to certain “badges of fraud,” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d.
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Mendelsohn v. Sierra (2022)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983).
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In Re: Anthony J. Gasson (2021)
Likewise, a court may find the requisite intent through either: (1) direct or explicit proof, or, (2) a preponderance of circumstantial evidence of a debtor’s illicit intent, commonly known as the “badges of fraud.” See Republic Credit Corp. v. Boyer (In re Boyer), 328 Fed. Appx. 711, 714-15 (2d Cir. 2009) (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983)).
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Tese-Milner v. Kim (2021)
Because proving actual fraudulent intent is difficult, to support its case, “the pleader is allowed to rely on ‘badges of fraud’ . . . i.e., circumstances so commonly associated with fraudulent transfers that their presence gives rise to an inference of intent.” In re Sharp Int’l Corp., 403 F.3d at 56 (citation omitted) (finding badges applied to pleading of state law claim of intentional fraudulent claim); Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 19…
applying badges of fraud in finding actual fraud
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Mangan, Trustee v. People's United Bank, N.A. (2020)
Conn. 1998) (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir. 1983)) (footnote added).
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William M. Anderson - Adversary Proceeding (2020)
Conn. 2020) (quoting In re Kaiser, 722 F.2d at 1574, 1582-83 (2d Cir. 1983)).
2d Cir. 1983
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Palisades Tickets, Inc. v. Daffner (2020)
Kahn, 2014 WL 10474969 , at *10-11 (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983)).
A court may find the requisite intent through either: (1) direct or explicit proof, or, (2) a preponderance of circumstantial evidence of a debtor’s illicit intent, commonly known as the “badges of fraud.” See Republic Credit Corp. v. Boyer (In re Boyer), 328 Fed. Appx. 711, 714-15 (2d Cir. 2009) (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983)).
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983).
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Web Holdings, LLC v. Cedillo (In re Cedillo) (2017)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983).
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Facebook, Inc. v. Vachani (2017)
See In re Kaiser, 722 F.2d 1574 , 1581 (2d Cir. 1983) (“There should be at least one adjudication made by a judge with expertise in bankruptcy law.
“There should be at least one adjudication made by a judge with expertise in bankruptcy law. There is no assurance that a better initial determination would be made by a district court.”
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PGA West Residential Assn. v. Hulven International (2017)
Thus the court may appropriately take into account all indicia negativing as well as those suggesting fraud, as illustrated in the following reported cases: [¶] (a) Whether the transfer or obligation was to an insider: Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983) (insolvent debtor’s purchase of two residences in the name of his spouse and the creation of a dummy corporation for the purpose of concealing assets held to evidence fraudulent intent).” …
insolvent debtor’s purchase of two residences in the name of his spouse and the creation of a dummy corporation for the purpose of concealing assets held to evidence fraudulent intent
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PGA West Residential Assn. v. Hulven International (2017)
Thus the court may appropriately take into account all indicia negativing as well as those suggesting fraud, as illustrated in the following reported cases: [¶] (a) Whether the transfer or obligation was to an insider: Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983) (insolvent debtor‟s purchase of two residences in the name of his spouse and the creation of a dummy corporation for the purpose of concealing assets held to evidence fraudulent intent).” …
insolvent debtor‟s purchase of two residences in the name of his spouse and the creation of a dummy corporation for the purpose of concealing assets held to evidence fraudulent intent
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir. 1983).
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In re Herz (2016)
Actual fraud is rarely susceptible to direct proof and is typically shown by circumstantial evidence through the “badges of fraud.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1583 (2d Cir.1983).
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Harrington v. Beaudry (In re Beaudry) (2016)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1588 (2d Cir.1983) (holding that "the transfer of property by the debtor to his spouse while insolvent, while retaining use and enjoyment of the property, is a classic badge of fraud”).
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Messer v. Collins (In re Collins) (2015)
It is well-established that “[t]he transfer of property by the debtor to his spouse while insolvent, while retaining the use and enjoyment of the property, is a classic badge of fraud.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1583 (2d Cir.1983).
In re Kaiser, 722 F.2d 1574 , 1582 (2d Cir.1983); see also In re Nazzaro, No. 810-ap-8500, 2013 WL 145627 , at *10 (Bankr.E.D.N.Y.
“Proving actual intent to defraud is difficult because a debtor is unlikely to admit to fraudulent intent.”
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Gobindram v. Bank of India (2015)
Because “[f]raudulent intent is rarely susceptible to direct proof[,] ... courts have developed ‘badges of fraud’ to establish the requisite actual intent to defraud.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983) (internal citation omitted) (quoting In re Freudmann, 362 F.Supp. 429, 433 (S.D.N.Y.1973), aff 'd 495 F.2d 816 (2d Cir.1974) (per curiam)).
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Gordon v. Tese-Milner (In re Gordon) (2015)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir.1983). .
Proof of “an actual intent to deceive” — the first means of proving fraudulent intent — can be established through “badges of fraud.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir. 1983).
A non-core proceeding has a “life of its own in either state or federal common law or statute independent of the federal bankruptcy laws.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983).
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Agai v. Antoniou (In re Antoniou) (2015)
Recognizing that fraudulent intent is rarely susceptible to direct proof, courts have crafted “badges of fraud” which may be used to establish the requisite actual intent to defraud. 6 Bub, 516 B.R. at 694 (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983)).
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Agai v. Mihalatos (In re Mihalatos) (2015)
Recognizing that fraudulent intent is rarely susceptible to direct proof, courts have crafted “badges of fraud” which may be used to establish the requisite actual intent to defraud. 6 Bub v. Rockstone Capital, LLC, 516 B.R. at 694 (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983)).
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Ng v. Adler (2014)
“Since fraudulent intent is rarely subject to direct proof, [courts] look to circumstantial ‘badges of fraud to establish the requisite actual intent to defraud.’ ” In re Boyer, 328 Fed.Appx. at 716 (quoting Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983)).
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Schneider v. Barnard (2014)
Legal Standard Bankruptcy Code § 548(a)(1)(A) and DCL § 276 allow a trustee to avoid transfers made by the debtor with the “actual intent” to “hinder, delay, or defraud” present or future creditors. 11 U.S.C. § 548 (a)(1)(A); 5 DCL § 276. 6 A debtor’s “actual intent” is “rarely susceptible to direct proof.” Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983) (internal citation omitted).
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Rockstone Capital, LLC v. Bub (In re Bub) (2013)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983), Martin v. Key Bank of New York (In re Martin), 208 B.R. 799, 806 (N.D.N.Y.1998) (citing United States v. Coppola, 85 F.3d 1015, 1021 (2d Cir.1996)).
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Flushing Savings Bank, FSB v. Vidro (In re Vidro) (2013)
In re Boyer, 328 Fed.Appx. at 715 (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983)).
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Sims v. Roggasch (In re Roggasch) (2013)
Emmett Valley Assoc. v. Woodfield (In re Woodfield), 978 F.2d 516, 518 (9th Cir.1992); Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2nd Cir.1983).
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Kramer ex rel. estate of Chin v. Chin (In re Chin) (2013)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1583 (2d Cir.1983).
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir.1983); accord Wall St.
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O'Connor v. Leone (In re Leone) (2011)
In re DeMartino, 448 B.R. 122, 128 (Bankr.E.D.N.Y.2011) (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir.1983)).
See, e.g., Triangle Bank v. Eatmon, 143 N.C.App. 521 , 547 S.E.2d 92, 96 (2001) (loan guarantor’s conveyance of remainder interest in real property to her son and his spouse was a transfer to an insider); Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574,1582-83 (2d Cir.1983) (insolvent debtor’s purchase of two residences in the name of his spouse and the creation of a dummy corporation for the purpose of concealing assets held to evidence fraudulent intent); Travelers Indem.
Id. (quoting Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1583 (2d Cir.1983)). 33 .
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O'Connell v. DeMartino (In Re DeMartino) (2011)
Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir.1983); see also In re Krehl, 86 F.3d 737, 743 (7th Cir.1996) ("Because direct evidence of a debtor's [fraudulent intent] usually will be unavailable, it may be inferred from the circumstances surrounding his objectionable conduct."); Devers v. Bank of Sheridan (In re Devers), 759 F.2d 751, 754 (9th Cir.1985) ("Because a debtor is unlikely to testify directly that his intent was fraudulent, the courts may deduce…
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Pisculli v. T.S. Haulers, Inc. (2010)
“Since fraudulent intent is rarely subject to direct proof, [courts must] look to circumstantial ‘badges of fraud’ to establish the requisite actual intent to defraud.” In re Boyer, 328 Fed.Appx. at 715 (quoting Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582 (2d Cir.1983)).
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MacLeod v. Arcuri (In Re Arcuri) (1990)
As direct evidence of fraudulent intent is “rarely possible”, In re Sklarin, 69 B.R. 949, 953 (Bankr.S.D.Fla.1987); Williamson v. Fireman’s Fund Insurance Co., 828 F.2d at 252 (“the problems inherent in ascertaining whether a debtor has acted with fraudulent intent are obvious.”); In re Kaiser, 722 F.2d 1574 , 1582 (2d Cir.1983) (“Fraudulent intent is rarely susceptible to direct proof.”); In re Montgomery, 86 B.R. at 957 ; In re Nazarian, 18 B.R. at 146-47 (“a debtor is unl…
“Fraudulent intent is rarely susceptible to direct proof.”