Let me assure you that debtors have been defrauding their creditors, especially judgment creditors, for centuries. The leading English case on fraudulent transfers is Lord Twynne’s (sp?) case, decided in 1600-ish.
Every state has a version of the UFTCA, the updated model law. This legislation is extremely powerful for reasons far too technical for a deep dive here. The debtor’s excuse for the transfers is usually bullshit. These cases are like shooting minnows in a fishbowl with C4: some of my treasured cross-exams occurred in UFTCA cases. The lies are plain, the witness looks like shit. And then there are co-conspirators, transferees and professionals (CPAs, JDs) who are also jointly responsible and equally incredible when they try to explain the legitimate purpose for the debtor with millions to suddenly become a pauper…
And then when you run to bankruptcy court for the automatic stay…
Bankruptcy is the unique province of federal law, and it is not a shield for fraud; quite the opposite. Overall fraud can get a bankruptcy dismissed (NRA in Fort Worth) as can fraud regarding a specific claim. Any transfers, especially to an insider on the way into BR court is highly suspect and the court can set it aside.
Alex has gotten himself into a world of shit, and I do not see these parents (and more importantly their aggressive counsel) backing off from this flimsy bullshit. Their fangs will be bloodied, no mistake about it. I only wish I could try it for them.
Jones cannot expect interim/pre-trial discretionary judicial decisions to go his way. Courts are pretty even-handed, but they are not long on suffering fools and charlatans.
Get your popcorn ready. The real fun is just starting.
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