Carlos J. Cuevas reviews a recent Eastern District case where a trustee commenced an adversary proceeding to avoid two transfers by a debtor to his significant other at a time when the defendant was being sued in a civil action in Texas. Judge Nancy Hershey Lord wrote a thoughtful opinion concerning the application of the badges of fraud to establish fraudulent intent.
January 23, 2017 at 02:02 PM
1 minute read
Intentional fraudulent conveyance litigation is an important component of bankruptcy and commercial litigation. New York has enacted an intentional fraudulent conveyance statute, N.Y. Debtor and Creditor Law §276. Section 276 states:
Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.
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