Section 6.41 Necessary Parties
Library | Bankruptcy Practice (2007 Ed. + 2015 Cum Supp) |
K. (§6.41) Necessary Parties
The necessary parties to a fraudulent conveyance action are the transferee and any other party who may claim an interest in the property conveyed. In re H. King & Assocs., 295 B.R. 246, 293 (Bankr. N.D. Ill. 2003); see also In re Halpert & Co., 254 B.R. 104, 116 (Bankr. D.N.J. 1999). In contrast, the debtor is not an indispensable party in a fraudulent conveyance action when the debtor no longer has any interest in the transferred property. In re Waters, 8 B.R. 163, 165–66...
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- Section 6.1 Introduction: Avoidance Powers
- Section 6.2 Preferences—11 U.S.C. § 547
- Section 6.3 Transfer of an Interest of the Debtor in Property
- Section 6.4 Earmarked Funds
- Section 6.5 Transfers and the Debtor as Fiduciary
- Section 6.6 Tax and Other “Trust Fund” Transfers
- Section 6.7 To or for the Benefit of a Creditor—Indirect Transfer Issues
- Section 6.8 Antecedent Debt
- Section 6.9 Insolvency
- Section 6.10 Time of Transfer
- Section 6.11 Insiders
- Section 6.12 Chapter 7 Liquidation Equivalent
- Section 6.13 Preference Defenses
- Section 6.14 Contemporaneous Exchange for New Value
- Section 6.15 Ordinary Course of Business
- Section 6.16 Purchase-Money Security Interests
- Section 6.17 Subsequent New Value
- Section 6.18 Security Interests in Inventory or Receivables
- Section 6.19 Statutory Liens
- Section 6.20 Domestic Support Obligations
- Section 6.21 De Minimis Transfers
- Section 6.22 Payments to Approved Credit Counseling Agencies
- Section 6.23 Venue Limitations on Preference Actions
- Section 6.24 Sovereign Immunity
- Section 6.25 Fraudulent Transfers—11 U.S.C. § 548
- Section 6.26 Actual Intent to Hinder, Delay, or Defraud
- Section 6.27 Constructively Fraudulent Transfers
- Section 6.28 Leveraged Buyouts
- Section 6.29 Upstream Guaranties or Transfers
- Section 6.30 Foreclosure Sales as Fraudulent Transfers
- Section 6.31 Transfers to Self-Settled Trusts
- Section 6.32 Transfers to General Partners
- Section 6.33 Liability of Transferees
- Section 6.34 Time of Transfer
- Section 6.35 Immunity for Charitable Gifts
- Section 6.36 Statutes of Limitations
- Section 6.37 Trustee and Debtor-in-Possession
- Section 6.38 Debtor
- Section 6.39 Creditors and Creditors’ Committees
- Section 6.40 Assignability
- Section 6.41 Necessary Parties
- Section 6.42 “Strong-Arm” and Other Remedies Incorporating State Law Provisions—11 U.S.C. § 544
- Section 6.43 “Strong-Arm” Powers
- Section 6.44 Other Avoidances
- Section 6.45 Postpetition Transfers Under 11 U.S.C. § 549
- Section 6.46 Liability of Transferee of an Avoided Transfer Under 11 U.S.C. § 550
- Section 6.47 Preservation of Interests for the Estate—11 U.S.C. § 551
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