At least the garnishee knows that if the garnishee bought the thing from the debtor in good faith for value, the garnishee received the thing free and clear of a fraudulent conveyance
See generally Baird & Jackson, supra note 38 (arguing that the "inability of parties to opt out" of fraudulent conveyance
law should limit its reach); Anthony Michael Sabino, Applying the Law of Fraudulent Conveyances
to Bankrupt Leveraged Buyouts: The Bankruptcy Code's Increasing Leverage over Failed LBOs, 69 N.
Multi-Party Transactions & Fraudulent Conveyances
5th DCA 2003), the Fifth District Court of Appeal reviewed an asset protection plan where Bankfirst sued a debtor's lawyers and financial advisers for damages on the theory of common law civil conspiracy to make a fraudulent conveyance
For a judge, the choice between characterizing the strategic conveyance as acceptable economic and legal behavior on the one hand, and fraudulent conveyance
on the other, may reflect the judge's fundamental assessment of the strategy's morality.
United States Fraudulent Conveyance
Law--A Threat to the Success of Alaska and Delaware Self-Settled Spendthrift Trusts
The fraudulent conveyance
stipulation is shown by a preponderance of evidence standard, rather than by the beyond a reasonable doubt standard that is generally required offshore.
In deciding this case, Federal District Judge Holderman rejected the assertion of the defendants that the law of fraudulent conveyance
does not apply to leveraged buyouts.
8226; New developments in fraudulent conveyance
law in 2014
Kaufman and Owsley discuss the restructuring of companies that are in financial distress, in terms of key players and advisors, strategies, equity and enterprise valuation, debt capacity, fraudulent conveyance
, maintaining the status quo, third party options, and internal plans of reorganization.
This article will also examine potential fraudulent conveyance
liability and corporate "claw-back" liability in connection with this type of planning.
The law firm Hahn & Hessen LLP announced that it has won a contentious fraudulent conveyance
action on behalf of its client Insilco Corp.