Voidable Transfers Defense | Fraudulent Transfers | Preferential Transfers
Often bankruptcy trustees see debtors paying one creditor in preference over others (preferential transfer) or transferring property without receiving fair value in exchange (fraudulent transfer). The trustee may then initiate an avoidance action to regain possession of the transferred money or property.
If you are named in an avoidance action, it is crucial that you retain an experienced debtor-creditor lawyer to protect your rights and property. There are valid defenses that an experienced debtor-creditor lawyer may be able to assert against the trustee.
- You may be able to keep the property as a bona fide purchaser (someone who purchased property in good faith without knowledge of another party’s interest in the property)
- You may have an interest in the property if you made improvements to the property
- You may have paid fair value for the property
- You may have received a payment in the ordinary course of business
- You may have given the debtor new credit after receiving the transfer
- Other defenses may be available depending on the facts of your case
- The trustee may not be able to prove the allegations of his or her case
At Wayne Greenwald, P.C., we have protected the rights of many clients who rightfully obtained property from debtors. We use more than 30 years of experience in debtor-creditor matters to ensure that our clients receive the vigorous representation they require.
Contact Wayne Greenwald, P.C.
To speak with a fraudulent conveyance defense attorney, contact Wayne Greenwald, P.C., We serve clients throughout New York and across the nation. Call us at (212) 739-7599 or toll free at 888-496-1553 to contact our law office in New York City. You may also contact us online.
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