Fraudulent Conveyance Defenses by Richard R. （欺诈运输防御由理查德·r·）.pdf

Fraudulent Conveyance Defenses by Richard R. Gleissner Page 1 of 49 Finkel Altman, L.L. C. 444444444444444444444444444444444444444444444444444444444 4444444444 II. Fraudulent Transfers Actions and Its Defenses This section of the presentation will focus on fraudulent conveyances. Again, while the first strategy (and sometimes the only strategy) that a defense attorney learns is “stall, stall, stall” this strategy cannot be effectively employed in the United States Bankruptcy Court for the District of South Carolina (the “Bankruptcy Court”). At least this author has never been able to effectively employ this strategy in this Bankruptcy Court. Thus, this article will focus on other defenses to a fraudulent conveyance action. First, to understand the defenses to a fraudulent conveyance action, one must know what the elements of the action are. Of course, the first defense will be challenging one of the elements. Thus, this article will first discuss the elements of a fraudulent conveyance action under Section 548 of the Bankruptcy Code (11 U.S.C. §548) while examining possible challenges to these elements. Also, in this section, we will discuss the recent amendments to the Bankruptcy Code to one of the elements relating to the time of the transfer. Second, as it relates to defenses to a fraudulent conveyance action under the bankruptcy code, separate from the elements themselves, depending on the circumstances, one can challenge whether the plaintiff has the right to bring the action. Third, because of the ability of a bankruptcy trustee to also use the South Carolina version of fraudulent conveyance law, referred to as the Statute of Elizabeth, this article will discuss the elements of this statute. Fourth, the biggest affirmative defense used to challenge a fraudulent conveyance action under South Carolina stat