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ARTICLE · 16 FEBRUARY 2023

Fraudulent Transfers | Burdens Of Proof

So this is the fifth and final installment of my five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well...

United StatesCriminal Law

So this is the fifth and final installment of my five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well as described generally the difference between actual and constructively fraudulent transfers (Part 1). In Part 2, we took a detailed look at the elements of a fraudulent transfer under both the Bankruptcy Code as well as Texas law. In Part 3, we took a deeper dive into the badges of fraud that courts use to analyze the existence of actual fraudulent intent. In Part 4, we took a more detailed look at insolvency. In this final installment, we're going to address the various burdens of proof that affect parties on both sides of a transaction.

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