Publications

Fraudulent Transfers

January 2008
Practising Law Institute

The fraudulent conveyance, as known in our law, may be roughly defined as an infringement of the creditor's right to realize upon the available assets of his debtor. More precisely, it is fraudulent for a debtor to transfer its assets to a third party with intent—either actual or constructive—to obstruct creditors from reaching the assets to satisfy their claims. This 97-page treatise covers all aspects of this important subject including: Definitions and Procedure, Actual Fraudulent Intent, Constructively Fraudulent Intent, Transfers to General Partners by Insolvent Partnerships, Leveraged Buyouts, Liability of Transferees, Enjoining Anticipated Fraudulent Transfers, Remedies Against Entities that Facilitate Fraudulent Transfers and Distinction from Preference.