News & Insights
Doing Business in Florida, "Business Owners Beware: Defenses to the Big Bad Bankruptcy Trustee's Suit Against Your Business for Fraudulent Transfers (Part II)"
June 11, 2018
By: Ashley Dillman Bruce
Doing Business in Florida
Your business now faces an adversary complaint filed by the bankruptcy trustee. The complaint has several counts alleging that your business received fraudulent transfers of assets from a debtor in bankruptcy. The complaint alleges two types of fraudulent transfers. The first is actual fraud, which involves a debtor’s intent to delay, hinder, or defraud its creditors. The second is referred to as constructive fraud, which involves a debtor’s transfer of assets made in exchange for inadequate consideration.
