Fraudulent transfer law is old. The precursor to our modern fraudulent transfer law dates back to the Statute of Elizabeth, enacted in England in the 16th Century. It was designed to protect creditors against debtors that would thwart collection efforts by giving away their property with the hopes of having it reconveyed after discouraged creditors gave up on collecting their claim. Today, every state has its own fraudulent conveyance law, which is applicable outside of bankruptcy as well as in bankruptcy. In addition, the Bankruptcy Code contains its own fraudulent conveyance law, codified in §548 of the Code, which applies only in bankruptcy cases. This webinar discusses the elements of a fraudulent transfer lawsuit and how one can be defended against.
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