Bell Nunnally Partner Russell W. Mills and Associate R. Kent Love authored the Dallas Bar Association Headnotes article titled “An Update on Texas Fraudulent Transfer Law.” The piece explores the state’s fraudulent transfer law, which was adopted in 1987 to prevent debtors from prejudicing creditors by improperly moving assets beyond their reach.
Mills and Love review the Supreme Court of Texas’ decision in Janvey v. GMAG, LLC, which looked at the law’s “good faith” defense. They note that the decision created more uncertainty regarding the fraudulent transfer law and “imposes a greater burden on transferees to perform a ‘diligent investigation’ into potential wrongdoing.”
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