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

Nov 29th, 2011

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!

  1. swagtastic
    Nov 29th, 2011 at 11:39
    Quote | #1

    yes

  2. Pat
    Nov 29th, 2011 at 12:33
    Quote | #2

    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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