The Fallacies of Contemporary Fraudulent Transfer Models as Applied to Intercorporate Guaranties: Fradulent Transfer Law as a Fuzzy System
Williams, Jack F.
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- 2015Redmond v. SpiritBank (In re Brooke Corp.) Bankr. D. Kan.
- 2011Tourtellot v. Huntington National Bank (In re Renegade Holdings, Inc.) Bankr. M.D.N.C.
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Abstract
Fraudulent transfers and obligations are as varied as fish in the sea. Gifts by insolvents, bogus sales by a debtor to his or her relative, highly leveraged transactions, recapitalizations, real property foreclosures-none escapes the panoptic scrutiny of fraudulent transfer law. Some of these transfers have no legitimate business purpose and are easily condemned, while others are economically beneficial and are not so easily or confidently dispatched.