Fraudulent Conveyance Actions

Thomas H. Curran Associates’s lawyers have decades of experience successfully prosecuting fraudulent conveyance actions on behalf of creditors and bankruptcy trustees. The Firm has deep expertise in the complexities of bankruptcy, state and foreign law concerning fraudulent transfers. Their efforts have resulted in tens of millions of dollars of judgments and assets being recovered for the benefit of creditors.

A creditor or bankruptcy trustee may set aside, or avoid, a debtor’s transfers of property as actually or constructively fraudulent if the transfers were made to place the debtor’s assets beyond the reach of creditors or they had that effect in violation of bankruptcy or other applicable law. These transfers are known as fraudulent transfers or fraudulent conveyances and are brought against the transferees, usually the debtor’s insider family members or entities Under Bankruptcy Code section 550(a), a trustee may recover the fraudulently transferred property or its value from the initial transferee of the fraudulent transfer or the recipient of any subsequent transfer. The Uniform Fraudulent Transfer Act as adopted in various states or its equivalent provides a trustee or creditor with equivalent rights and remedies in state and federal courts or if bootstrapped in bankruptcy avoidance actions.

Thomas H. Curran Associates’s lawyers have extensive experience investigating and prosecuting fraudulent transfers involving domestic and cross-border money transfers, real estate conveyances and other assets. Since proving actual fraud is seldom straightforward, a thorough factual investigation of the circumstances surrounding a transfer or conveyance is critical to succeeding on such claims. Thomas H. Curran Associates works with accounting, financial, real estate, forensic and other industry specific professionals to obtain the valuation, solvency, tracing and other data required to succeed on an actual or constructive fraudulent conveyance claim. Moreover, the Firm’s deep litigation and trial expertise enables it to discover comprehensive and critical relevant information in the face of zealous opposition and regardless of where that information is located or who maintains custody of it. The Firm’s bankruptcy trustee and creditor clients can feel confident that Thomas H. Curran Associates will leave no stone unturned in investigating suspected fraudulent conveyances inside or outside of bankruptcy and bringing those claims to trial successfully.

Thomas H. Curran Associates’s attorneys have successfully litigated and tried fraudulent conveyance cases in bankruptcy, state and federal courts located in New York, Florida, Connecticut, Massachusetts, Rhode Island and elsewhere.