![]() 996, § 4A-1/SB 65.įor article, “Self-Settled Asset Protection Trusts in Georgia,” see 23 Ga. A typical ground for complaint includes the fraudulent conveyance of a property, perhaps by a forged deed or under coercion. The real defendant in a suit to set aside a fraudulent transfer is the recipient of the property. a complaint that the ownership (title) of a parcel of land or other real property is defective in some fashion, typically where title to the property is ambiguous. However, the debtor is not the target defendant. Bannon of the Supreme Court, New York County, granted in part and denied in part a motion for summary judgment to set aside the transfer of real property and interests in various companies by defendant, Frank Palazzolo (Frank), to his. A creditor making a claim for relief under subsection (a) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. 14.2 Parties to the Fraudulent Transfer Action Naturally, the original creditor and its heirs or assigns are the proper plaintiffs in a suit to set aside a fraudulent transfer.If a creditor is a successor or assignee, a right of action under subsection (a) of this Code section is automatically assigned to such successor or assignee.The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.The transfer occurred shortly before or shortly after a substantial debt was incurred and.The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.The debtor removed or concealed assets. ![]() The transfer was of substantially all the debtor’s assets.Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit. ![]()
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