Section 6.32 Transfers to General Partners

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

E. (§6.32) Transfers to General Partners

Beginning on April 21, 2006, any transfer of partnership property by a debtor partnership to a general partner in the two years before bankruptcy is voidable if the transfer was made at a time when the debtor was insolvent or if it caused the debtor to become insolvent. 11 U.S.C. § 548(b). To avoid a transfer made to a general partner, the trustee must prove that the transfer was made or the obligation was incurred and that the partnership was insolvent at the time...