Technological advancements have drastically transformed every industry. Companies in every space have social media profiles; they do online marketing; they save files and data in the cloud; and most of their employees need some level of technical proficiency. Stereotypes linking age and technical ability Technological…
As a judgment creditor with a money judgment in New York, you have options for collecting the money owed to you and satisfying the debt. If you know that a third party owes or will owe money to your judgment debtor, New York law provides for a…
Near the end of 2019, New York State approved the Uniform Voidable Transactions Act (UVTA), which will become effective on April 4, 2020. The UVTA is intended to modernize New York’s existing fraudulent conveyance laws and bring New York law in line with the law…
A plaintiff only becomes a judgment creditor after a judgment is entered in the lawsuit. Once a party makes the transformation from plaintiff to judgment creditor, the law provides for additional rights and remedies to protect the creditor against fraud by the debtor. But what…
Burdens of proof in voidable transaction claims differ from other types of cases because direct evidence can be elusive. In these cases, what can a creditor use as evidence that will be sufficient to prove that a voidable transaction has occured? Typically, a plaintiff alleging…
Actual fraud is more challenging to prove than constructive fraud. Debtors are unlikely to admit they transferred assets without reasonably equivalent value consideration for the purpose of defrauding their creditors, and documentary evidence of intent is also unlikely to exist. Thus, courts must evaluate the…