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.