Deborah J. Piazza wrote the article “When Purchasing Distressed Assets, Protect Yourself Against Possible Fraudulent Transfer Litigation.” In the purchase of distressed assets, Section 363 bankruptcy sales sanctioned by a court order, provide purchasers the protection to insulate transactions from future challenges. When acquiring distressed assets outside of a bankruptcy case, there is a risk the transaction could be considered a fraudulent transfer under the Bankruptcy Code or applicable state law. This article addresses the two types of fraudulent transfers - actual fraud and constructive fraud and provides guidance on how best to protect yourself against the risk of possible fraudulent transfer litigation. This article appeared on the April 25, 2015 inforuptcy blog.
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Deborah J. Piazza, Esq. is a Partner in the Bankruptcy and Corporate Restructuring Group.
|Piazza, Deborah J. Partner||Partner||212.216.1140|