Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: Uniform Fraudulent Transfer Act

11th Circuit – Creditor Cannot Pursue Pre-Petition Fraudulent Transfer Claims Against Debtor for Non-Dischargeable Debt; Establishes Standard of Review for In re Jet Florida.

In SuVicMon Development, Inc. v. Morrison, __ F.3d __, 2021 WL 1136546 (11th Cir. March 25, 2021) (click here for .pdf), the plaintiffs are three corporations that sued the Debtor for fraud and securities violations in state court. Plaintiffs subsequently amended the complaint to include fraudulent transfer claims against Debtor and his two sons. Debtor… Continue Reading

What?!? Debtors Claim Fraudulent Conveyance For Benefit Of Daughter Was In Return For (Theoretical) Future Care, And They Won!

 This opinion just seems a little crazy on the surface.  The short version of the facts — The debtors paid for their daughter’s college education to the tune of almost $65,000, and the Trustee filed suit against the school, Sacred Heart University, to recover that amount as a fraudulent conveyance under §548 and the Mass.… Continue Reading

N.D. Ga. – Kipperman v. Onex Corp., and Applicability Of Rule 9(b) To Fraudulent Transfer Claims

In reviewing fraudulent transfer cases, including Judge Mullins’ recent opinion in the IMA case, I noticed citations to an opinion in the case of Kipperman v. Onex Corp., et al (click for opinion), Civil Action No. 1:05-CV-1242-JOF (N.D. Ga. Sept. 15, 2006).  In this case, Richard Kipperman, the trustee of a Litigation Trust in the Chapter… Continue Reading