Fraudulent Transfer

A transfer before bankruptcy that deplete or shelters the debtor's assets, done with either actual fraudulent intent or under circumstances that the law implies fraud. Particular statutory rules determine if a transfer is fraudulent and might be avoided by a bankruptcy trustee.

Frequently Asked Questions

Our frequently asked questions also address Fraudulent Transfer:

What is the concern with transfers?

Bankruptcy attorneys and trustees are always asking about transfers of property, particularly in chapter 7 cases. Why do they care? A principal purpose of bankruptcy is to ensure a fair distribution amongst a debtor's several creditors. To that end, there are two kinds of pre-bankruptcy property transfers that can be a particular source of concern:

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Blog Posts

We have discussed Fraudulent Transfer in the following posts on our bankruptcy blog:

The Bankruptcy Code and Charitable Contributions

Dec 9, 2011

Millions of Americans support charitable and religious organizations with financial gifts every year. For some time, Congress has articulated a public policy in favor of charitable giving. The best known example is the charitable income tax deduction, which has been around since the War Revenue Act of 1917. This public policy also led to the adoption of the Religious Liberty and Charitable Donation Act of 1998 and a follow-on Religious Liberty and Charitable Donation Clarification Act of 2006.

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