Bankruptcy ~ Main

Bankruptcy Mainbk

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 ~ Main

FRAUDULENT TRANSFERS UNDER THE U.S. BANKRUPTCY CODE

BANKRUPTCY FRAUDULENT TRANSFERS GENERALLY ARTICLES

BANKRUPTCY TOPICS AND OPINIONS