Coase-Sandor Institute for Law & Economics Research Paper Series
Publication Date
2025
Publication Title
Coase-Sandor Working Paper Series in Law and Economics
Abstract
Fraudulent transfer law is one of the principal bulwarks of private law. Fraudulent transfer law, however, now faces a crisis. Courts have long assumed that it was easy to determine whether a debtor made a fraudulent transfer of its property. One could use traditional markers of ownership to determine whether the debtor transferred property to a confederate. But today most assets are intangible. Transactions happen in the blink of an eye, and they take place entirely on corporate books. Reliance on simple notions of what constitutes a “transfer” of property are wholly inadequate. Understanding what it means for a debtor to transfer property for fraudulent transfer purposes requires revisiting the foundational principles of fraudulent transfer law, a task that has proved elusive because one of its foundational principles has been forgotten.
Number
25-11
Recommended Citation
Baird, Douglas G., "Fraudulent Transfer Law’s Forgotten Foundations" (2025). Coase-Sandor Institute for Law & Economics Research Paper Series. 25-11.
https://chicagounbound.uchicago.edu/law_and_economics/1123
