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FRAUDULENT TRANSFERS UNDER THE U.S. BANKRUPTCY CODE

The U.S. Bankruptcy Code (Title 11) has its own organic fraudulent transfer provisions, which are only and exclusively available to bankruptcy proceedings.

Bankruptcy Code Section 548 -- Fraudulent Transfers And Obligations
Bankruptcy Code Section 550 -- Liability of Transferee of Fraudulent Transfer

However, because the Bankruptcy Statute of Limitations for a Fraudulent Transfer is too short to be of much practical use (only two years per § 548(a)(1)), most Bankruptcy Trustees will instead use applicable state law via:

Bankruptcy Code Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers





BANKRUPTCY FRAUDULENT TRANSFERS GENERALLY ARTICLES

  • 2016.05.21 … Actual Fraud Includes Fraudulent Transfers In Bankruptcy Says Sotomayor
  • 2015.01.16 ... Debtor's Pre-Petition Transfers Result In Denial Of Discharge In Drumm
  • 2012.08.29 ... Kendall: Distressed Debtor's Late Transfers Set Aside As Fraudulent Transfers In Bankruptcy

BANKRUPTCY TOPICS AND OPINIONS


© 2022 Jay D. Adkisson. All rights reserved. No claim to government works or the works of the Uniform Law Commission. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction. This site https://voidabletransactions.com Contact: jay [at] jayad.com or by phone to 702-953-9617.