7 Utah opinions name it 2 courts 2001–2024 2 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hoesman v. Shefflergreen2 sentences2017See Hoesman v. Sheffler, 886 N.E.2d 622, 627 (Ind. Ct. App. 2008) (noting that “nothing under” Indiana’s Fraudulent Transfers Act “indicates that a debtor is a mandatory party”). 2017See Hoesman v. Sheffler , 886 N.E.2d 622 , 627 (Ind. Ct. App. 2008) (noting that "nothing under" Indiana's Fraudulent Transfers Act "indicates that a debtor is a mandatory party"). | 2 | 2 |
24 Collier bankr.cas.2d 1414, Bankr. L. Rep. P 73,841 Max Sugarman Funeral Home, Inc. v. A.D.B. Investorsgreen1 sentence2023Invs., 926 F.2d 1248, 1254 (1st Cir. 1991) (“It is often impracticable, on direct evidence, to demonstrate an actual intent to hinder, delay or defraud creditors.”); In re Kaiser, 722 F.2d 1574 , 1582 (2d Cir. 1983) 20220892-CA 15 2023 UT App 151 JENCO v. SJI (“Fraudulent intent is rarely susceptible to direct proof. | 1 | 1 |
cluster 757714green1 sentence2023These statutorily listed indicators of fraud are a necessary part of the analysis of a fraudulent transfer claim because nefarious intent is rarely provable through direct evidence; courts therefore need to consider whether they can “infer fraudulent conduct from the circumstantial evidence and the surrounding circumstances of the transactions.” In re XYZ Options, Inc., 154 F.3d 1262, 1271 (11th Cir. 1998); see also Max Sugarman Funeral Home, Inc. v. A.D.B. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sorensen v. Crossland
green
1 sentence2024Indeed, it seems to us that any expenditures Steven made after Candice was entitled to medical malpractice settlement money could potentially—if 20220756-CA 10 2024 UT App 41 Sorensen v. Crossland supported by evidence that they were made with an intent to hinder, delay, or defraud—be the basis for a fraudulent transfer claim. | 1 | 2024–2024 |
Jenco v. Ledges Partners
green
2 sentences2023No party takes issue with that ruling in this appeal. 20220892-CA 8 2023 UT App 151 JENCO v. SJI ANALYSIS ¶19 In Utah, as in most states, it is unlawful for debtors to transfer their assets away with the intent to “hinder, delay, or defraud” their creditors. 2023Invs., 926 F.2d 1248, 1254 (1st Cir. 1991) (“It is often impracticable, on direct evidence, to demonstrate an actual intent to hinder, delay or defraud creditors.”); In re Kaiser, 722 F.2d 1574 , 1582 (2d Cir. 1983) 20220892-CA 15 2023 UT App 151 JENCO v. SJI (“Fraudulent intent is rarely susceptible to direct proof. | 1 | 2023–2023 |
cluster 428409
green
1 sentence2023Invs., 926 F.2d 1248, 1254 (1st Cir. 1991) (“It is often impracticable, on direct evidence, to demonstrate an actual intent to hinder, delay or defraud creditors.”); In re Kaiser, 722 F.2d 1574 , 1582 (2d Cir. 1983) 20220892-CA 15 2023 UT App 151 JENCO v. SJI (“Fraudulent intent is rarely susceptible to direct proof. | 1 | 2023–2023 |
Brigham Young University v. Tremco Consultants, Inc.
green
2 sentences2023In its trial brief, SJI argued— citing Brigham Young University v. Tremco Consultants, Inc., 2007 UT 17 , 156 P.3d 782—that JENCO’s claim failed because JENCO had not filed and served any actual complaint against SJI setting forth a fraudulent transfer claim. 2023In its trial brief, SJI argued— citing Brigham Young University v. Tremco Consultants, Inc., 2007 UT 17 , 156 P.3d 782—that JENCO’s claim failed because JENCO had not filed and served any actual complaint against SJI setting forth a fraudulent transfer claim. | 1 | 2023–2023 |
Tolle v. Fenley
green
2 sentences2023Once such a relationship has been established, there are two pathways by which a fraudulent transfer claim may be raised, one of which is applicable only “if the creditor’s claim arose before the transfer,” and one of which is available regardless of whether “the creditor’s claim arose before or after the transfer.” See Tolle v. Fenley, 2006 UT App 78, ¶ 20 , 132 P.3d 63 ; see also Utah Code §§ 25-6-5, -6 (2016). 2023Once such a relationship has been established, there are two pathways by which a fraudulent transfer claim may be raised, one of which is applicable only “if the creditor’s claim arose before the transfer,” and one of which is available regardless of whether “the creditor’s claim arose before or after the transfer.” See Tolle v. Fenley, 2006 UT App 78, ¶ 20 , 132 P.3d 63 ; see also Utah Code §§ 25-6-5, -6 (2016). | 1 | 2023–2023 |
Jones v. Mackey Price
green
1 sentence2020See infra ¶¶ 46–50. 12 Cite as: 2020 UT 25 Opinion of the Court We first conclude that a “mixed motive” is sufficient to establish an “actual intent” to hinder, delay, or defraud under the Fraudulent Transfer Act. | 1 | 2020–2020 |
State v. Legg
green
2 sentences2019We agree with Respondents. 8 ¶15 “Mootness . . . presents one of the several bases that may prevent a court from reaching the merits of a case.” State v. Legg, 2018 UT 12, ¶ 13 , 417 P.3d 592 . 2019We agree with Respondents. 8 ¶15 “Mootness . . . presents one of the several bases that may prevent a court from reaching the merits of a case.” State v. Legg, 2018 UT 12, ¶ 13 , 417 P.3d 592 . | 1 | 2019–2019 |
Free v. Farnworth
green
1 sentence2001Because we have already ruled on this underlying issue which addresses the only claim for relief being sought, we need not discuss the merits of the fraudulent transfer claim. 11 Attorney Fees 19 The trial court awarded attorney fees under Utah Code Ann. $ 78-27-56 (1996 & Supp.2000), which directs the court to award attorney fees "if the court determines the action ... was without merit and not brought or asserted in good faith...." Id. | 1 | 2001–2001 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.