Publication Date
Summer 2026
Journal
American Bankruptcy Institute Law Review
Abstract
The article argues that state law tort claims based on fraudulent transfers are preempted by the Bankruptcy Code. It contends that allowing such tort claims to persist interferes with a bankruptcy trustee's ability to achieve universal settlements and recover assets, as the trustee cannot guarantee immunity from third-party tort liabilities.
Volume
34
Issue
2
First Page
229
Last Page
260
Publisher
West
Disciplines
Dispute Resolution and Arbitration | Food and Drug Law | Health Law and Policy | Law | State and Local Government Law | Torts
Recommended Citation
David G. Carlson,
Preemption of State Fraudulent Transfer Law by the Bankruptcy Code,
34
Am. Bankr. Inst. L. Rev.
229
(2026).
https://larc.cardozo.yu.edu/faculty-articles/1521
Included in
Dispute Resolution and Arbitration Commons, Food and Drug Law Commons, Health Law and Policy Commons, State and Local Government Law Commons, Torts Commons
