Rodriguez v. Nelabovige (In re Kirst)

OPINION

Joseph G. Rosania, Jr., United States Bankruptcy Judge

I. INTRODUCTION

Fraudulent transfer law began as crimi-nal and therefore intentional fraud law.1 However, since courts struggled reaching conclusions of the subjective intent of the transferor, the fraudulent transfer law was objectified. The courts began using badges of fraud beginning with Twyne’s case2 in order to determine subjective fraudulent intent by reference to objective facts, and the law of fraudulent dispositions was ex-tended to constructively fraudulent trans-fers.

The Bankruptcy Code codifies the law of subjective and…