![]() The Code outlines the many duties and powers of the trustee. The primary purpose of the trustee in a bankruptcy setting is the fair and efficient administration of the estate. The defendants are either the estate or the trustee who either approved or did not set aside the allegedly fraudulent conveyance. The plaintiff alleges that but for certain fraudulent transfers, the creditors would have collected more of its outstanding debts. The plaintiff is often a trustee, debtor-in-possession (“DIP”), or creditor of the estate. Such actions generally occur in a bankruptcy context and address the issues described in the United States Bankruptcy Code (“Code”). IntroductionĪnalysts are often called on to perform analyses and to issue expert opinions related to allegedly fraudulent conveyances (also known as fraudulent transfers). Finally, this discussion should assist the reader (whether an analyst, trustee, counsel, plaintiff, creditor, or debtor-in-possession) in better understanding the complexities and requirements of fraudulent conveyance actions. This discussion also summarizes possible “badges of fraud” analysis often applied to prove fraudulent intent in conveyance actions. This discussion summarizes these criteria and describes some of the relevant tests conducted in fraudulent conveyance analyses. Generally, the analysis of fraudulent conveyances involves the determination and testing of whether a transfer meets the criteria of either actual or constructive fraud. The law in this area is contained in the United States Bankruptcy Code and is centered around the avoidance powers granted to trustees and other relevant parties, specifically Section 548 fraudulent transfers and obligations. Analysts are frequently asked to provide expert opinions in these actions for trustees, debtors-in-possession, creditors, and other third-party plaintiffs. Fraudulent transfer allegations are also common in transactions such as leveraged buy-outs and recapitalizations. ![]() ![]() Disputes over allegedly fraudulent conveyances have become more common in bankruptcy cases.
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