In Cooling Guard Mechanical Corp. v. Frankl, No. BER-C-119-17 (N.J. Super. Ct. Ch. Div. Aug. 21, 2017), the New Jersey Superior Court decided an issue of first impression under New Jersey law: whether ...

Post-claim transfers usually fail .... and worse. Back in 2013, I wrote the article "Existence Of Claim Renders Some Clients Seeking Asset Protection Effectively Dead On Arrival", which warned against ...

Upon default, the initial instinct may be to rush to foreclose. However, taking time to evaluate certain factors at the outset can prevent complications and maximize recovery potential. The ...

Asset protection planning is where a person takes steps to disassociate themselves from their current assets so that they are no longer available to creditors. Although asset protection planning as a ...

A survey of decisions discussing the alleged fraudulent transfer of customer lists and related intangible business assets. Clients often seek advice regarding the challenges facing their struggling ...

In 2019, New York enacted the Uniform Voidable Transactions Act, which repealed and replaced certain provisions of the Debtor and Creditor Law (“DCL”) relating to fraudulent conveyances,[1] which ...

Bankruptcy fraud involves deceitful practices to exploit the bankruptcy system. It can occur in various forms, including fraudulent transfer bankruptcy and preferential transfer bankruptcy. These acts ...

Any transfer of an immovable property by a debtor made with the purpose of avoiding payment of debt owed to a creditor, cannot be tolerated by the court and upon application by the judgment creditor, ...

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