Avoiding the Unavoidable: A Practitioner's Guide to Governmental Creditor Fraudulent Conveyance Actions

Abstract

The article provides a detailed discussion of potential defenses available to fraudulent conveyance defendants who are targets of section 544 (b) litigation where the triggering creditor is a governmental creditor (under the FDCPA) or the IRS in particular. The article discusses both defenses that have been raised in past cases (successfully or unsuccessfully) and potential defenses based on the requirements of the internal revenue code.