Publication Date

2021

Journal

Michigan State Law Review

Abstract

Fraudulent transfer law has historically been an in rem right of a creditor to property fraudulently received by a third party. In a minority of states, courts have treated fraudulent transfers as creating an in personam liability of the transferring debtor, the recipient, and any other third party who "conspired" with the transferor to achieve the transfer. This Article examines the wisdom of this modern trend and finds it wanting. The United States Supreme Court in 1861 was correct: fraudulent transfers are not wrongs. They merely create in rem rights.

Volume

2021

Issue

4

First Page

1093

Last Page

1196

Publisher

Michigan State University College of Law

Disciplines

Bankruptcy Law | Commercial Law | Law | Property Law and Real Estate

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