Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Showing posts with label fraudulent transfers. Show all posts
Showing posts with label fraudulent transfers. Show all posts
Saturday, June 07, 2008
Nebraska Supreme Court reverses Douglas County District Court directed verdict that was in favor of the State of Florida Department of Insurance, receiver for an insolvent truck insurance company in its suit against insurance agency that used truckers' premiums to acquire other insurance when the insolvent insurer was unable to provide adequate coverage for the agency's customers. State of Florida v. Countrywide Truck Ins. Agency, S-06-1220, 275 Neb. 842
"The district court erred in granting a directed verdict in favor of Florida. Giving all reasonable inferences to Agency and Fulkerson, there is a question of fact whether a fraudulent transfer occurred between T ruck and Agency. T here is evidence that the transfer of $2,235,401 represented the amount held in the customer deposit account on behalf of T ruck’s insureds and
that Agency used this money to purchase insurance for T ruck’s insureds. T here is no evidence of any other transfer."
Labels:
agency,
fraudulent transfers,
insurance,
receivership
Saturday, April 12, 2008
Nebraska Supreme Court affirms dismissal of wife's fraudulent transfer complaint against ex-husband to reach business he liquidated to avoid including its assets in the couple's marital estate. Reed v. Reed, S-06-757, 275 Neb. 418. Shortly before the husband filed for divorce his parents repossessed stock they held in the couple's business; the husband also liquidated his interest in a real estate development partnership. Wife sued to reclaim her marital share of these interests using the Uniform Fraudulent Transfer Act (UFTA) Neb. R ev. S tat. §§ 36-701 to 36-712 (Reissue 2004). The Hall County District Court dismissed her complaint, the Supreme Court affirms. "a spouse’s right to an equitable distribution of the marital estate is not a “right to payment” under the UFTA . A ccordingly, the UFTA does not apply in cases where, as here, an individual believes that his or her former spouse fraudulently transferred assets before the divorce to prevent those assets from being equitably distributed as part of the marital estate. Instead, such a claim is perhaps more properly litigated as a claim for dissipation of marital assets."
Labels:
debtor creditor,
divorce,
fraudulent transfers
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