On June 5, 2024, the Second Department issued a decision in Louis Monteleone Fibres, Ltd. v. Hudson Baylor Brookhaven, LLC, 2024 NY Slip Op. 03039, discussing the role of scienter in fraudulent conveyance claims . . . Continue reading Second Department Discusses the Role of Scienter in Fraudulent Conveyance Claims
On April 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Monex Can., Inc. v. Bank of Am., N.A., 2024 NY Slip Op. 31452(U), holding that a fraudulent transfer claim is based on the intent of the transferor, not the recipient . . . Continue reading Fraudulent Transfer Claim Based on Intent of Transferor, Not Recipient
On February 27, 2024, the First Department issued a decision in SSC NY Corp. v. Computershare Inc., 2024 NY Slip Op. 00991, holding that a DCL 276 fraudulent conveyance claim failed for insufficient allegations of fraud . . . Continue reading DCL 276 Fraudulent Conveyance Claim Fails for Insufficient Allegations of Fraud
On June 6, 2023, the First Department issued a decision in 214 Knickerbocker LLC v. Shou Pan, 2023 NY Slip Op. 02959, holding that the transfer of property from parents to children without evidence of proper consideration supported fraudulent transfer claim . . . Continue reading Transfer of Property Without Evidence of Proper Consideration Supported Fraudulent Transfer Claim
On October 17, 2022, Justice Crane of the New York County Commercial Division issued a decision in 214 Knickerbocker LLC v. Shou Pan, 2022 NY Slip Op. 33579(U), granting summary judgment on a DCL 273 claim based on the lack of fair consideration for a transfer . . . Continue reading Plaintiff Granted Summary Judgment on DCL 273 Claim Based on Lack of Fair Consideration for Transfer
On November 10, 2021, Justice Reed of the New York County Commercial Division issued a decision in Airball Capital LLC v. Rosenthal & Rosenthal Inc., 2021 NY Slip Op. 51082(U), holding that a creditor of the parent company of a debtor did not have standing to assert fraudulent conveyance claims against the debtor . . . Continue reading Creditor of Parent Company of Debtor does not Have Standing to Assert Fraudulent Conveyance Claims Against Debtor
