A claimed fraudulent transfer is a transfer or conveyance made within two years prior to filing for bankruptcy with the actual intent to hinder, delay, or defraud a present or future creditor. Under section 548 of the Bankruptcy Code, debtor or trustee may avoid fraudulent transfers and recover any property of the estate that was fraudulently conveyed to a third party. In the absence of fraudulent intent, a transfer may still be avoidable as constructively fraudulent under both the Bankruptcy Code and applicable state law if such transfer was made in exchange for less than reasonably equivalent value, and (i) debtor was insolvent at the time of the transfer, (ii) debtor was rendered insolvent as a result of the transfer, or (iii) transfer was made to an insider of debtor.
Weltman & Moskowitz has particular expertise in the defense of fraudulent transfer litigation having been involved in reviewing hundreds such actions over more than 25 years. A sampling of some of the cases the firm has been involved with is set forth below.
For further information on this topic or to discuss your case, please contact Richard E. Weltman or Michael L. Moskowitz by telephone, fax or email.
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