Fraudulent Transfers Litigation
Fraudulent transfer litigation is a unique area of law and requires lawyers with direct experience in such matters. Much Shelist attorneys have written and published a number of articles on state and federal fraudulent transfer law, and have delivered dozens of continuing legal education (CLE) presentations on this topic.
On a number of occasions, our attorneys have been employed as special counsel by bankruptcy trustees, creditors' committees, and debtors in possession for the specific purpose of prosecuting such actions. We have had firsthand success representing plaintiffs and defendants in fraudulent transfer cases of all kinds.
These cases have involved a broad spectrum of issues, including:
- Allegations of actual fraud
- Allegations of constructive or implied fraud
- Asset and business valuation issues
- Attacks on foreign situs trusts and other asset-protection schemes and devices
- Lender liability issues
- Leveraged buyouts and bootstrap acquisitions
- Sales of assets
- Sales, exchanges and redemptions of stock
- Transactions with insiders and affiliates
- Upstream and cross-stream guaranties