Posts tagged fraudulent transfer
If You’re an Investor In a Start Up and You Lose All Your Money, What Are Your Options?

Investing in a startup requires a healthy appetite for risk, and with startups sometimes you have to kiss a lot of frogs to find a prince or princess.  When the start up you’ve invested in fails, there are prudent steps to take before the company  closes its doors (or garage doors).

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California Court of Appeal Clarifies Good Faith Defense Against Fraudulent Transfer Claims

In its recent decision in Nautilus, Inc. v. Yang, the California Court of Appeal for the Fourth District addressed a split of authority regarding the good faith defense to fraudulent transfer claims in California.

In 1986, California adopted, with minor alterations, the Uniform Law Commission’s Uniform Fraudulent Transfer Act as Civil Code sections 3439, et seq.  Effective January 1, 2016, that chapter was amended and renamed the Uniform Voidable Transactions Act (the “UVTA").  The UVTA creates a civil cause of action by a creditor against a debtor, the debtor’s transferees, and/or the subsequent transferees of the debtor’s transferees to void transfers made by the debtor to defraud the creditor or prevent the creditor from collecting on his claim.  Civ. Code § 3439.07(a).  A creditor’s claim is defined broadly to include almost any right to payment, including an accrued cause of action or a judgment.  Civ. Code § 3439.01(b).

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