Law

So, You Think You Can Avoid a Fraudulent Transfer?

In Cooling Guard Mechanical Corp. v. Frankl, No. BER-C-119-17 (N.J. Super. Ct. Ch. Div. Aug. 21, 2017), the New Jersey Superior Court decided an issue of first impression under New Jersey law: whether ...
Law

Bankruptcy Court: Subordinated Claims Still Count, at Least, for Fraudulent Conveyance Purposes

In the recent case of Phillips v. Josmic 2 (In re ONH AFC CS Investors), the U.S. Bankruptcy Court for the District of Delaware examined the issue of standing in the context of a fraudulent conveyance ...
JD Supra

Delaware Bankruptcy Court Allows Trustee to Pursue Recovery of Fraudulent Transfers for the Sole Benefit of Subordinated Claimholders

The Bankruptcy Code provides a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") with the power to avoid and recover certain fraudulent transfers that a creditor could have avoided outside ...
WealthManagement.com

Nailing the Lawyer For His Debtor-Client's Sins

So what exactly are fraud, fraudulent conveyance, deceit and fraudulent transfer — and when are attorneys accountable? Being a trustee entails risk of personal liability. Being one of a number of ...
JD Supra

Voidable Transfer Under the New Debtor and Creditor Law

In 2019, New York enacted the Uniform Voidable Transactions Act, which repealed and replaced certain provisions of the Debtor and Creditor Law (“DCL”) relating to fraudulent conveyances,[1] which ...