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Fair Consideration Remains the Critical Defense in New York Fraudulent Transfer Litigation
New York’s former Debtor and Creditor Law (“DCL”) imposed a straightforward but powerful rule: transfers made by an insolvent debtor without fair consideration may be set aside for the benefit of creditors. A recent decision from the Appellate Division, Second Department, underscores the principle that defendants seeking dismissal of fraudulent conveyance claims at the summary judgment stage must prove that the transfers they received were supported by fair consideration.

Jeffrey Haber
8 minutes ago5 min read
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