The University of Chicago Business Law Review
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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 is 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 those foundational principles has been forgotten.
Recommended Citation
Baird, Douglas G.
(2025)
"Fraudulent Transfer Law’s Forgotten Foundations,"
The University of Chicago Business Law Review: Vol. 5:
No.
1, Article 2.
Available at:
https://chicagounbound.uchicago.edu/ucblr/vol5/iss1/2