fraudulent transfer
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 213 U.S. 223 - Josiah Coder v. William Arts · 1909Most cited · 669 citing opinions
in bankruptcy
In a fraudulent transfer the fraud is actual,—the bankrupt has secured an advantage for himself out of what in law should belong to his creditors, and not to him.
How the Supreme Court has restated “fraudulent transfer”
Each Supreme Court definition of “fraudulent transfer,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “fraudulent transfer”
Court decisions citing the 3 opinions that defined “fraudulent transfer” — 1,183 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1872–1917
- ORIGINAL
Two things must concur to bring the sale within the prohibition of the law: the fraudulent design of the bankrupt and the knowledge of it on the part of the vendee, or reasonable cause to believe that it existed.
Bankrupt Act § 35
A transfer, the intent (or obviously necessary effect) of which is to deprive creditors of the benefits sought to be secured by the Bankruptcy Act, 'hinders, delays or defrauds creditors' within the meaning of §67e. ... A transaction may be invalid both as a preference and as a fraudulent transfer. It may be invalid only as a preference or only as a fraudulent transfer.
Bankruptcy Act §67e