Can a transfer be deemed fraudulent if a third party transfered the debtors assets before a ch.11 bankruptcy?

Can a transfer be deemed fraudulent if a third party transfered the debtors assets before a ch.11 bankruptcy?

Postby jabin20 » Sun Apr 10, 2011 12:39 pm

I'm referring to Fraudulent Conveyance under chapter 11 bankruptcy law in the event that a third party (someone other than the debtor) transferred assets owned by the debtor within 1 year of the bankruptcy filing.
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Can a transfer be deemed fraudulent if a third party transfered the debtors assets before a ch.11 bankruptcy?

Postby garret » Sun Apr 10, 2011 12:49 pm

yes
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Can a transfer be deemed fraudulent if a third party transfered the debtors assets before a ch.11 bankruptcy?

Postby hyun-su » Sun Apr 10, 2011 12:51 pm

HARD to prove
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Can a transfer be deemed fraudulent if a third party transfered the debtors assets before a ch.11 bankruptcy?

Postby geol19 » Sun Apr 10, 2011 1:13 pm

How can a 3rd party transfer assets that they don't own?

And the law probably contains a time limit.
If the transfer was outside the time limit, then no.
If it was within the limit, then does the 3rd party have the authority to make the transfer?
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