It is not uncommon for trustees to file adversarial pleadings in bankruptcy matters, arguing that debtors fraudulently transferred assets or funds in an attempt to avoid obligations. While federal law prohibits such transfers within the United States, the applicable statute does not operate to allow for the avoidance of transfers that occur in other countries. This was demonstrated in a recent opinion issued in a California bankruptcy case, in which the court dismissed the creditor’s complaint. If you have questions regarding your obligations to creditors after you seek debt relief, it is smart to meet with a knowledgeable California bankruptcy lawyer to determine your rights.
The Facts of the Case
Allegedly, involuntary Chapter 7 bankruptcy petitions were filed against the debtor company and the debtor principals, after which the court consolidated the debtor estates. The court then appointed a trustee, and proof of claims totaling more than $100 million were filed against the debtors, most of which involved money owed to investors.
Reportedly, the trustee filed an adversary pleading asking to set aside and recover transfers he alleged were fraudulent. The transfers, which were fees and commissions totaling close to $900,000, were paid by the debtors to a foreign exchange brokerage. The debtors moved to dismiss the trustee’s complaint, arguing in part that the fraudulent transfer law did not apply to extraterritorial transfers. Continue reading