Fraudulent Conveyance

News & Analysis as of

Third Party is Liable For Attorney Fees to Party Damaged by Fraudulent Conveyance

In Cardinale v. Miller, 2014 DJDAR 252 (2014), the California Court of Appeal for the First Appellate District decided a unique civil procedure issue arising out of an attorney fee award to a judgment creditor. The court...more

Title Troubles In Texas, North Dakota And Montana: Conveyances To “Blind Trusts”

The Title Question - Your title examiner often encounters a conveyance to an individual “as Trustee” with no Trust specified in the instrument....more

Mere Recording Of Deed Does Not Commence Four Year Statute Of Limitations On Fraudulent Conveyance [Florida]

Under fraudulent conveyance law, a creditor of a debtor can reach property of the debtor that the debtor transferred to third parties if the transfer is a fraudulent conveyance. However, Fla.Stats. §726.110(1) provides that...more

Looking Back on Appeals That Made a Difference

Originally published in the New York Law Journal on March 6, 2013. Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I...more

Burr Alert: Evolving Bankruptcy Jurisdiction - Ninth Circuit Rules That Bankruptcy Courts Cannot Enter Final Judgment On...

Before the Supreme Court’s seminal ruling in Stern v. Marshall, bankruptcy courts regularly entered final orders in fraudulent conveyance actions and other “core” matters. In Stern v. Marshall, the Supreme Court ruled that...more

Ninth Circuit Prohibits Bankruptcy Courts from Entering Judgments on Fraudulent Conveyance Claims Against Non-Claimants

The Ninth Circuit recently held that: bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and a...more

Wealth Management Update - December 2012

In This Issue: - December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Estate of Thouron v. United States, E.D. Pa., No. 2:11-cs-04058...more

9th Circuit Issues Important Post-Stern Opinion

On Dec. 4, 2012, the U.S. Court of Appeals for the 9th Circuit delivered its long-awaited decision in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.). The Bellingham decision...more

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