Knowledge Center

Tuesday, May 01, 2012

Avoiding Hearsay Traps in Fraudulent Conveyance Litigation

Spathis, George J. "Avoiding Hearsay Traps in Fraudulent Conveyance Litigation." American Bankruptcy Institute Journal. Reprinted with permission from the ABI Journal. Volume XXXI, Number 4. May 2012.

>Although there is privity between a debtor's bankruptcy estate (or an appointed Trustee) and the pre-filing entity, the distinction between the two is significant in litigation, particularly with respect to the application of the hearsay rule and the determination of "adverse party" status.  The issue commonly arises in fraudulent conveyance actions brought in bankruptcy (11 USC sec. 548), but it also has application outside of bankruptcy where there is a succession of interest by a person or entity in a trust capacity.    

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