Legal Opinion

Motorworld, Inc. v. William Benkendorf077009)

Supreme Court of New Jersey

Decided March 30, 2017No. A-64-15PublishedCited by 15 opinions

1Opinion of the CourtJustice Patterson

The Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34, provides that a transfer made by a debtor is constructively fraudulent as to a creditor whose claim arose before the transfer was made, if the debtor made the transfer without receiving “reasonably equivalent value” in exchange for the transfer and the debtor was insolvent at that time or became insolvent as a result of the transfer. N.J.S.A. 25:2-27(a). In order to constitute “reasonably equivalent value” for purposes of the UFTA, the “value” must be received by and for the benefit of the debtor-transferor, not for the…

2Cases cited30 opinions

  1. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  2. DiProspero v. PennSupreme Court of New Jersey · 2005
  3. Dole Food Co. v. PatricksonSupreme Court of the United States · 2003
  4. O'CONNELL v. StateSupreme Court of New Jersey · 2002
  5. Seidman v. Clifton Savings BankSupreme Court of New Jersey · 2011

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3Cited by15 opinions

  1. RSI Bank v. Providence Mut. Fire Ins. Co.Supreme Court of New Jersey · 2018
  2. E.S. v. H.A.New Jersey Superior Court Appellate Division · 2017
  3. Ac Ocean Walk, Llc. v. Blue Ocean Waters, Llc.New Jersey Superior Court Appellate Division · 2024
  4. BALANCED BRIDGE FUNDING LLC v. MITNICK LAW OFFICE, LLCDistrict Court, D. New Jersey · 2024
  5. BALANCED BRIDGE FUNDING LLC v. MITNICK LAW OFFICE, LLCDistrict Court, D. New Jersey · 2022

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