Can a transfer be deemed fraudulent if a third party transfered the debtors assets before a ch.11 bankruptcy?
Question by Steve M: Can a transfer be deemed fraudulent if a third party transfered the debtors assets before a ch.11 bankruptcy?
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.
Best answer:
Answer by Charles B
HARD to prove
Know better? Leave your own answer in the comments!
yes
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?