Southern California Bankruptcy Law Blog

Monthly Archives: June 2014

Fraudulent Transfers IV

Posted in Debt

This post is the fourth in a series in which I will discuss fraudulent transfers.  The second post discussed the sources for a trustee’s authority to avoid a fraudulent transfer.  This one deals with the mechanics of fraudulent transfer avoidance.              D.        Avoiding Fraudulent Conveyances             1.        The Power To Avoid The Bankruptcy Code’s fraudulent… Continue Reading

Fraudulent Transfers III

Posted in Debt

This post is the third in a series in which I will discuss fraudulent transfers.  It covers the statutory definitions.  This one’s a bit long because the definitions are a bit labyrinthine.  If you think it’s dry, then avoid Syrahs and stick to Rieslings. C.        The Definition Of Fraudulent Transfer 1.        The Intent Definition i.         … Continue Reading

Fraudulent Transfers II

Posted in Debt

This post is the second in a series in which I will discuss fraudulent transfers.  I have been told that my posts are too long.  Therefore, today I’ll briefly discuss the source of a bankruptcy trustee’s fraudulent transfer avoidance powers. B.        The Trustee As Heir To Creditors’ Avoidance Power One of the complications associated with… Continue Reading

Fraudulent Transfers I

Posted in Debt

In this series I will discuss fraudulent transfers, a concept that has some similarities to preferential transfers — our previous topic — but has much more serious consequences, especially in bankruptcy.  Today I’ll start with a folksy introduction.  In subsequent posts I’ll deal with the much more technical legal aspects of fraudulent transfers. A.        Introduction… Continue Reading