Category: Fraudulent Transfers
New Year, New Fraudulent Transfer Law
It’s a new year, and we have a new law affecting debtors and creditors in California. Effective January 1, 2016, California’s Uniform Voidable Transactions Act (UVTA) has replaced California’s Uniform Fraudulent Transfer Act (UFTA). While the UVTA is similar to the UFTA in most respects, certain important changes and key...
Golf Channel to Get a Mulligan?
In a surprise move, the Fifth Circuit vacated its recent, controversial Golf Channel opinion, potentially giving the Golf Channel a second chance in a case that seemed lost. As I discussed in my previous post, the Fifth Circuit recently held that the Golf Channel had to return over $5.9 million...
9th Circ. Panel Bolsters Trustees’ Reach-Back Powers
Editor’s note: this post originally appeared in Law360 . In a recent decision, the United States Bankruptcy Appellate Panel of the Ninth Circuit resolved what it described as an issue of “first impression” in the Ninth Circuit — whether or not the two-year statute of limitations provided by Section 546(a...
When One Solution Is Better Than Two
Over the years, clients have sought my advice after they have obtained a judgment against a limited liability company or a corporation and after they have tried, without success, to collect on that judgment. All of the typical judgment enforcement methods have already failed. Because judgment debtors generally do...
Traps for the Unwary – Transfers of Personal Property Without Delivery
Imagine . . . You’ve just completed a purchase of a friendly competitor’s overstocked inventory from the current season. She gave you a good price and will let you leave the goods at her warehouse for 30 days, just in time to pick them up for your end of season...