Fraudulent Transfer Damages Limited to Creditors’ Total Claims
Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.
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Four-Year Statute of Limitations Can Stretch to at Least Seven Years, Judge Owens Says
The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.
Opting Out Won’t Justify Imposing Third-Party Releases, Delaware Judge Says
Saying she is in the minority in her district, a new Delaware judge ruled that allowing creditors to opt out won’t permit a plan to impose nonconsensual, third-party releases.