We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
FRAUDULENT TRANSFER AS A TORT.
- Authors
Carlson, David Gray
- Abstract
Fraudulent transfer law has historically been an in rem right of a creditor to property fraudulently received by a third party. In a minority of states, courts have treated fraudulent transfers as creating an in personam liability of the transferring debtor, the recipient, and any other third party who “conspired” with the transferor to achieve the transfer. This Article examines the wisdom of this modern trend and finds it wanting. The United States Supreme Court in 1861 was correct: fraudulent transfers are not wrongs. They merely create in rem rights.
- Subjects
FRAUDULENT conveyances; DEBTOR &; creditor; LEGAL liability; BANKRUPTCY; FRAUD; UNITED States. Supreme Court
- Publication
Michigan State Law Review, 2021, Vol 2021, Issue 4, p1093
- ISSN
2693-1206
- Publication type
Article