Legal Blog

Bankruptcy – Fraudulent Conveyance

Esfahani v. Samimi

The creditor had obtained an order that a discharged bankrupt had fraudulently conveyed property to transferees. The creditor then brought an action against the transferees for its damages. The judge dismissed the action, stating that, once the bankrupt was discharged, his debt was expunged. The only remedy the creditor had was to move, through the bankruptcy, against the property in the bankrupt’s hands. The creditor had no remedy for damages against the transferees.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.