Voidable Transactions And Fraudulent Transfers
Topic Voidable_Transaction TopicsVoidableTransactionFraudulentTransfer
There has been some litigation over whether a transfer made by a financially-distressed debtor to an entity could be avoided as a fraudulent transfer, or whether the "exclusive remedy" phrase operates to eliminate such fraudulent transfer claims as well. It is suggested that an expanded Comment to the effect that such fraudulent transfer claims are not barred by the "exclusive remedy" phrase be included.
VOIDABLE TRANSACTIONS AND FRAUDULENT TRANSFERS OPINIONS
- Fannie Mae v. Grossman, 2014 WL 4055371 (D.Minn., 2014).
- In re Cole, 2020 WL 7233190 (Bk.M.D.Fla., Dec. 8, 2020).
- JPMorgan Chase Bank, N.A. v. Winget, 2022 WL 2389287 (6th Cir., July 1, 2022).
- Regions Bank v. Kaplan, 2018 WL 3954344 (M.D.Fla., Aug. 18, 2018).
- Scottsdale Ins. Co. v. Tolliver, 2012 WL 524414 (N.D.Okla., 2012).
- Wilson v. Pauling, 2020 WL 2197931 (D.Colo., May 6, 2020).