The Former DCL Gets Its Day In Court
- Dec 27 2022
By: Jeffrey M. Haber On December 23, 2022, the Appellate Division, Fourth Department issued two decisions involving New York’s former Debtor and Creditor Law (“DCL”): Inner Harbor Phase I L.P. …
Category: Debtor and Creditor Law
Fraudulent Conveyances Under The Former DCL
- Feb 2 2022
By: Jeffrey M. Haber On April 4, 2020, the New York Uniform Voidable Transactions Act (“NYUVTA”) became effective, replacing Article 10, Sections 270-281 of the Debtor and Creditor Law (“DCL”), …
First Department Affirms Finding That Transfer of Property to Newly Created Company To Avoid Foreclosure Judgment Fraudulent For Purposes of Former DCL § 276
- Nov 23 2020
Sometimes, a case involves facts and circumstances that, on their face, lead a court to determine that a fraud was committed. Such was the case in First Franklin Fin. Corp. …
It’s (Former) DCL Day In The Second Department (DCL §§ 273, 275 and 276 To Be Exact)
- Nov 16 2020
On April 4, 2020, the New York Uniform Voidable Transactions Act (“NYUVTA”) became effective, replacing Article 10, Sections 270-281 of the Debtor and Creditor Law (“DCL”), the State’s almost century-old …
Court Addresses Various Claims By Minority Shareholder Allegedly Oppressed By The Actions of The Majority
- Sep 30 2020
In looking at the causes of action asserted in Kocak v. Dargin, 2020 N.Y. Slip Op. 33121(U) (Sup. Ct., N.Y. County Sept. 23, 2020) (here), one could walk away with …
N.Y. Supreme Court Rules on Alleged Fraudulent Conveyance and the Attempt to Evade Creditors
- Feb 24 2020
In very general terms, fraudulent conveyance statutes are designed to protect creditors from situations where a debtor transfers its assets or property to a creditor’s detriment. Sometimes such transfers are …
Second Department Affirms Denial of Summary Judgment Motion Finding Issues of Fact Surrounding Fraud and Fraudulent Conveyance Claims
- Jun 6 2019
Sometimes a decision goes in a direction that the reader does not expect. Bashian & Farber, LLP v. Syms, 2019 N.Y. Slip Op. 04348 (2d Dept. June 5, 2019) (here), …
Fraudulent Conveyance Claims Dismissed For Failure to Plead Fraud With Particularity
- Apr 23 2018
New York creditors often look to the Debtor and Creditor Law (the “DCL”), as well as the common law, to recover assets that have been (or may be) transferred by …
