Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Bankruptcy Hotline

BY ALM Staff
September 01, 2003

Bankruptcy Counsel Not Liable for Debtor's Fraudulent Transfer

In an unreported decision, the Third Circuit has ruled that an attorney's mere assistance of a client in a fraudulent asset transfer is not sufficient cause for liability. In re Yacuk, 02-2926 (August 20).

A husband and wife hired an attorney to transfer their home to their son for $1. The couple told counsel they were making the transfer because their son was paying the household bills. Counsel was told there were no judgments, liens or claims against the couple and he prepared the closing documents. In addition, the attorney also prepared a letter stating that he had not done a title search and could not make any representations with regard to liens or encumbrances. A year later the mortgagee on the property foreclosed on the property and it was sold to a third party. After the husband and wife were sued for fraudulent conveyance in state court, they filed for bankruptcy. The suit was removed to bankruptcy court and the attorney was added as a defendant. The bankruptcy court dismissed the count against the attorney and held the mother, father and son liable for fraudulent conveyance. The district court affirmed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.