Trial lawyers specializing in personal injury and civil litigation
Stolen money transferred without consideration does not invoke the UFTA
In a sad case of a dysfunctional family, Elaine Franklin sued her son Scott to recover $235,000.00 he received from his brother, Jason. Scott argued that Elaine could not recover the money because she had not complied with the Uniform Fraudulent Transfer Act. The Court held, unanimously, that Elaine did not need to meet the terms of the UFTA because Scott had not received the stolen funds as the result of an arm's length transaction: they constituted stolen "property" not subject to the Act.