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6 Georgia opinions name it 2 courts 1999–2017 0 in the last five years
The cases below were cited by Georgia 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 |
|---|---|---|
Shah v. Shahgreen2 sentences2017Id. at 650 (1), 513 S.E.2d 730 The Court held that a third party could be joined as a party to the divorce action only for the limited purpose of determining [the third party's] relative substantive right in the property that [one of the divorcing spouses] claimed was fraudulently conveyed to [that third party]. [Such divorcing spouse] could not use the fraudulent conveyance claim and the joinder of [the third party] in order to make an independent tort claim against him. 2017"A contrary holding," the Supreme Court reasoned, "would mean that every divorce action in which a fraudulent conveyance claim has been joined would become the potential source of innumerable independent extraneous claims, counterclaims, and cross-claims between non-parties to the original proceeding." Id. | 1 | 2 |
Barber v. Westbay (In Re Integrated Agri, Inc.)green2 sentences2013This argument, made by Dana in the supplemental brief she filed after the bankruptcy estate was closed, ignores the law holding that a fraudulent conveyance claim remains with the bankruptcy trustee only so long as the trustee has a viable cause of action, at which point the creditor regains the right to bring that claim.8 In re Tessmer, supra at 779 ; In re Integrated Agri, supra at 427-428 . 2013This argument, made by Dana in the supplemental brief she filed after the bankruptcy estate was closed, ignores the law holding that a fraudulent conveyance claim remains with the bankruptcy trustee only so long as the trustee has a viable cause of action, at which point the creditor regains the right to bring that claim. 8 In re Tessmer, supra at 779 ; In re Integrated Agri, supra at 427-428. | 1 | 2 |
Wright v. Wrightgreen2 sentences2010See Wright v. Wright, 277 Ga. 133 ( 587 SE2d 600 ) (2003); Shah v. Shah, 270 Ga. 649 ( 513 SE2d 730 ) (1999). 2 Husband testified that he “gifted” the house back to Armour. 3 During argument on the motion for directed verdict, counsel for Armour asserted that all of the parties believed that sale of the property and reducing its value to cash was more desirable than “fight[ing] over property that had a mortgage on it....” 4 In her counterclaim and answer to the fraudulent conveyance claim, as amended, Armour pled that, should the property he deemed a marital asset, she should be awarded an equ 2010See Wright v. Wright, 277 Ga. 133 ( 587 SE2d 600 ) (2003); Shah v. Shah, 270 Ga. 649 ( 513 SE2d 730 ) (1999). 2 Husband testified that he “gifted” the house back to Armour. 3 During argument on the motion for directed verdict, counsel for Armour asserted that all of the parties believed that sale of the property and reducing its value to cash was more desirable than “fight[ing] over property that had a mortgage on it....” 4 In her counterclaim and answer to the fraudulent conveyance claim, as amended, Armour pled that, should the property he deemed a marital asset, she should be awarded an equ | 1 | 1 |
Bonner v. Smithgreen2 sentences2002See Bonner v. Smith, 247 Ga.App. 419, 420-421 (1), 543 S.E.2d 457 (2000) ("When a creditor attacks a conveyance [between husband and wife], slight circumstances may be sufficient to establish the existence of fraud. 2002See Bonner v. Smith, 247 Ga.App. 419, 420-421 (1), 543 S.E.2d 457 (2000) ("When a creditor attacks a conveyance [between husband and wife], slight circumstances may be sufficient to establish the existence of fraud. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Tessmer
green
2 sentences2013This argument, made by Dana in the supplemental brief she filed after the bankruptcy estate was closed, ignores the law holding that a fraudulent conveyance claim remains with the bankruptcy trustee only so long as the trustee has a viable cause of action, at which point the creditor regains the right to bring that claim.8 In re Tessmer, supra at 779 ; In re Integrated Agri, supra at 427-428 . 2013This argument, made by Dana in the supplemental brief she filed after the bankruptcy estate was closed, ignores the law holding that a fraudulent conveyance claim remains with the bankruptcy trustee only so long as the trustee has a viable cause of action, at which point the creditor regains the right to bring that claim. 8 In re Tessmer, supra at 779 ; In re Integrated Agri, supra at 427-428. | 2 | 2013–2013 |
Horton v. Kitchens
green
2 sentences1999Horton v. Kitchens, 259 Ga. 446 (2), 383 S.E.2d 871 (1989). 1999Horton v. Kitchens, 259 Ga. 446 (2), 383 S.E.2d 871 (1989). | 1 | 1999–1999 |
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.