Swish-e home page Search Rutgers Law Library N.J. Court Opinions


Limit search to:
Sort by:
Limit to:
    through    
 Results for ("N.J.S.A. 25:2-27")   1 to 15 of 31 results. Run time: 0.922 seconds | Search time: 0.915 seconds    
 Page:1 2 3 Next 15
1 POLINA ROITBURG v. LEONID ROITBURG -- rank: 1000
... the judge noted that plaintiff had asserted a violation of N.J.S.A. 25:2- 27(a) in her complaint but raised an alleged violation of N.J.S.A. 25:2-27(b) at trial. Citing our opinion in Jecker v. Hidden ... she proved by clear and convincing evidence defendants had violated N.J.S.A. 25:2-27(b).2 She contends the remand judge erred by finding ... In addition, the amendments added a new subsection (c) to N.J.S.A. 25:2-27 that clarified 'a creditor making a claim for relief under [ N.J.S.A. 25:2-27(a) or (b)] has the burden of proving the elements ... clear and convincing evidence under the pre-amendment version of N.J.S.A. 25:2-27(b). We express no opinion on that issue because, ...
docket: a0047-21
court: NJ Superior Court Appellate Division
decided: 2023-08-31
status: Unpublished
citation:
Document Size: 54490
2 Motorworld, Inc. v. William Benkendorf, et al. -- rank: 989
... found that the Release was a constructively fraudulent transfer under N.J.S.A. 25:2-27(a) because Motorworld received no “reasonably equivalent value” in ... transfer was not made for “reasonably equivalent value” under N.J.S.A. 25:2-27(a), and plaintiffs established all elements of a constructively fraudulent ... debtor became insolvent as a result of the transfer.” N.J.S.A. 25:2-27(a). (pp. 14-15) 2. A court applying N.J.S.A. 25:2-27(a) must undertake a fact-sensitive inquiry, and that statute ... the Release effected a “transfer” within the meaning of N.J.S.A. 25:2-27(a), that the “creditor” with an antecedent claim was ... that the disputed transfer was constructively fraudulent for purposes of N.J.S.A. 25:2-27(a). The potential value of the transfer to Fox ...
docket: A-64-15
court: NJ Supreme Court
decided: 2017-03-30
status:
citation: 228 N.J. 311 156 A.3d 1061
Document Size: 102865
3 Motorworld, Inc. v. William Benkendorf, et al. -- rank: 987
... found that the Release was a constructively fraudulent transfer under N.J.S.A. 25:2-27(a) because Motorworld received no “reasonably equivalent value” in ... transfer was not made for “reasonably equivalent value” under N.J.S.A. 25:2-27(a), and plaintiffs established all elements of a constructively fraudulent ... debtor became insolvent as a result of the transfer.” N.J.S.A. 25:2-27(a). (pp. 14-15) 2. A court applying N.J.S.A. 25:2-27(a) must undertake a fact-sensitive inquiry, and that statute ... the Release effected a “transfer” within the meaning of N.J.S.A. 25:2-27(a), that the “creditor” with an antecedent claim was ... that the disputed transfer was constructively fraudulent for purposes of N.J.S.A. 25:2-27(a). The potential value of the transfer to Fox ...
docket: a_64_15
court: NJ Supreme Court
decided: 2017-03-30
status:
citation:
Document Size: 102848
4 JAMES STABILE v. MARY STABILE BENSON -- rank: 792
... cient to pay his claim. Additionally, he argues that under N.J.S.A. 25:2-27(a) the settlement is fraudulent because his claim arose prior ... Alternatively, he asserts that the settlement is fraudulent under N.J.S.A. 25:2-27(b) because his claim arose before the transfer and the ... 27(a), we are persuaded, as he also argues, that N.J.S.A. 25:2-27(b) is most applicable to the facts of this case ... had reasonable cause to believe that the debtor was insolvent. [ N.J.S.A. 25:2-27(b).] "The premise of § 27b is that an insolvent ... the transfer was to "an insider for an antecedent debt." N.J.S.A. 25:2-27(b) (emphasis added). Harris was injured on July 7, 2006 ... plaintiff "had reasonable cause to believe that Cheyenne was insolvent," N.J.S.A. 25:2-27(b). Harris met this burden by proving that ...
docket: a4009-09
court: NJ Superior Court Appellate Division
decided: 2011-09-29
status: unpublished
citation:
Document Size: 47601
5 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 VENDORPASS, INC v. TEXO -- rank: 762
... necessary element to a claim for constructive fraudulent transfer under N.J.S.A. 25:2-27(a). We review a grant of summary judgment de novo ... summary judgment for its claim of constructive fraudulent transfer under N.J.S.A. 25:2-27(a). N.J.S.A. 25:2-27(a) provides: A transfer made or obligation incurred by a ... to Columbia was in exchange for "a reasonably equivalent value." N.J.S.A. 25:2-27(a). Again, this was the payment of outstanding loans. Finally ... b. of [ N.J.S.A. ] 25:2-25 or [ N.J.S.A. ] 25:2-27 if the transfer results from . . . [e]nforcement of a security ...
docket: a4015-14
court: NJ Superior Court Appellate Division
decided: 2017-02-02
status: unpublished
citation:
Document Size: 32175
6 ARCH FINANCIAL SERVICES INC v. CHARLES W. GEYER -- rank: 734
... Cir. 1991)). A fraudulent transfer may also be established under N.J.S.A. 25:2-27, "designed to protect creditors whose claims arose before the time ... S.A. 25:2-25 requires actual intent to defraud, N.J.S.A. 25:2-27 does not include a similar requirement. Under N.J.S.A. 25:2-27(a) a transfer is "fraudulent as to present creditors where ... had reasonable cause to believe that the debtor was insolvent." N.J.S.A. 25:2-27(b). When the debtor is an individual, an "insider" includes ... clearly and convincingly established the alternative conclusion of fraud under N.J.S.A. 25:2-27(a). We also reject defendants' effort to undermine these convincingly ...
docket: a2332-11
court: New Jersey Superior Court Appellate Division
decided: 2013-10-10
status: Published
citation:
Document Size: 54730
7 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 698
... J.S.A.] 25:2-25 or subsection a. of [ N.J.S.A.] 25:2-27, within four years after the transfer was made or the obligation was incurred; or c. Under subsection b. of [ N.J.S.A.] 25:2-27, within one year after the transfer was made or the ...
docket: a2036-17
court: NJ Superior Court Appellate Division
decided: 2021-12-27
status: Unpublished
citation:
Document Size: 103693
8 DR. CARLO E. AMATO v. MICHAEL CORTESE and SAUNDRA CORTESE -- rank: 691
... transfers were made without consideration, the transfers were fraudulent under N.J.S.A. 25:2-27(a), which provides that [a] transfer made . . . by a debtor ... the trial evidence "conclusively proves" the three elements required by N.J.S.A. 25:2-27(a) for a finding of fraudulent transfer. Consequently, he argues ... analysis and questions of fraudulent intent are irrelevant. Amato's N.J.S.A. 25:2-27(a) argument was not made in the second amended complaint ... Div. 1990). We nevertheless discuss the issue. A claim under N.J.S.A. 25:2-27(a) requires the plaintiff to prove, by clear and convincing ... of them. The trial judge did not address Amato's N.J.S.A. 25:2-27(b) argument because it was not raised at trial. However ...
docket: a5518-12
court: New Jersey Superior Court Appellate Division
decided: 2015-08-21
status: Published
citation:
Document Size: 102623
9 MAJEK INVESTMENTS LLC v. CONVENTUS, LLC -- rank: 686
... become due. [N.J.S.A. 25:2-25(a).] N.J.S.A. 25:2-27 governs fraudulent transfers as to present creditors. It states: a ... under N.J.S.A. 25:2-25(b) and N.J.S.A. 25:2-27(a) because Norse was insolvent, and it did not receive ... and Privcap were made to statutory 'insiders' in violation of N.J.S.A. 25:2-27(b) is baseless. N.J.S.A. 25:2-22 ...
docket: a3247-20
court: NJ Superior Court Appellate Division
decided: 2023-11-28
status: Unpublished
citation:
Document Size: 46575
10 ARCH FINANCIAL SERVICES INC v. CHARLES W. GEYER -- rank: 668
... Cir. 1991)). A fraudulent transfer may also be established under N.J.S.A. 25:2-27, "designed to protect creditors whose claims arose before the time ... S.A. 25:2-25 requires actual intent to defraud, N.J.S.A. 25:2-27 does not include a similar requirement. Under N.J.S.A. 25:2-27(a) a transfer is "fraudulent as to present creditors where ... had reasonable cause to believe that the debtor was insolvent." N.J.S.A. 25:2-27(b). When the debtor is an individual, an "insider" includes ... clearly and convincingly established the alternative conclusion of fraud under N.J.S.A. 25:2-27(a). We also reject defendants' effort to undermine these convincingly ...
docket: a3996-11
court: NJ Superior Court Appellate Division
decided: 2013-10-10
status: unpublished
citation:
Document Size: 53092
11 J.P v. J.N -- rank: 658
... of the evidence.' N.J.S.A. 2-25(b). N.J.S.A. 25:2-27 allows for a transfer or obligation to be voidable as ... had reasonable cause to believe that the debtor was insolvent. [ N.J.S.A. 25:2-27 (a) and (b).] A-2616-21 20 '[A] creditor making a claim for relief under . . . [N.J.S.A. 25:2-27] has the burden of proving the elements of the claim for relief by a preponderance of the evidence.' N.J.S.A. 25:2-27(c). Under the plain language of the UFTA, a creditor ...
docket: a2616-21
court: NJ Superior Court Appellate Division
decided: 2024-01-17
status: Unpublished
citation:
Document Size: 45067
12 SETA ARTUNIAN NASSIF v. JELMAC, L.L.C -- rank: 627
... transferred by Jelmac to insiders Jelling and Curcio pursuant to N.J.S.A. 25:2-27(b), which provides: A transfer made by a debtor is ... claim arose. As a consequence, the conditions for recovery under N.J.S.A. 25:2-27(b) have not been met. III. In its cross-appeal ...
docket: a4100-10
court: NJ Superior Court Appellate Division
decided: 2012-07-11
status: unpublished
citation:
Document Size: 52484
13 SARITA HART v. ROBERT A. SEMON SARITA HART -- rank: 625
... in 2003, Hart has not established a fraudulent transfer under N.J.S.A. 25:2-27(a). That provision states: A transfer made or obligation incurred ...
docket: a5190-09
court: NJ Superior Court Appellate Division
decided: 2013-04-22
status: unpublished
citation:
Document Size: 34822
14 SARITA HART v. ROBERT A. SEMON -- rank: 625
... in 2003, Hart has not established a fraudulent transfer under N.J.S.A. 25:2-27(a). That provision states: A transfer made or obligation incurred ...
docket: a1440-10
court: NJ Superior Court Appellate Division
decided: 2013-04-22
status: unpublished
citation:
Document Size: 34810
15 IN THE MATTER OF THE ESTATE OF DAVID B. MADDEN, DECEASED -- rank: 622
... also alleges that decedent's transactions were fraudulent, contrary to N.J.S.A. 25:2-27 (Section 27), regarding transfers fraudulent as to present creditors. Section ...
docket: a5673-08
court: superior court appellate division
decided: 2010-08-18
status: unpublished
citation:
Document Size: 85032
 Page:1 2 3 Next 15
Powered by Swish-e swish-e.org

Valid HTML 4.01!