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10 May First Circuit B.A.P. Case: Reversing Fraudulent Transfers
The U.S. Bankruptcy Appellate Panel for the First Circuit in the recent case of In re Hill, 2008 WL 1960478 (1st Cir. BAP 2008) addressed the vexing issue of “reversals” of a fraudulent transfers and objections to discharge. The case presented an alternative basis to...18 Jul The seemingly innocent fraudulent transfer
Bankruptcy trustees can sue to recover money or assets that the debtor transferred before filing. It’s easy to spot the gift; the garnishment; or the voluntary payment to a creditor when considering bankruptcy. The transfers that clients don’t think of as a transfer that needs...15 Feb Judge Hillman Rules No Fraudulent Conveyance in Divorce Transfer
In the recent case of In re Prichard, 2007 WL 458021 (Bankr.D.Mass., Feb 12, 2007) Massachusetts bankruptcy judge William C Hillman found in favor of the debtor in a fraudulent conveyance action brought by the trustee. Mr. Prichard had owned a house with his ex-wife...19 Jan Transferring property before bankruptcy is risky business!
Lately, a number of clients coming to see mehavejust transferred real property (or their interest in real property)to afamily member or friend, or theyare inquiring about transferring their property to a family member or friend – and, of course, for no money in return. AND,...13 Sep Can I get a jury trial on a fraudulent conveyance or preference case in bankruptcy court?
Posted at 11:44h
in Bankruptcy Basics
by Dan Press, Virginia and D.C. Bankruptcy Attorney
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Many people think that bankruptcy courts can’t conduct jury trials, and that all preference and fraudulent conveyance cases in bankruptcy cases (called “adversary proceedings”) have to be tried before the bankruptcy judge without a jury. But this is not true. If you have been sued...