Special Report on
New York Lien Law
New York Lien Law - Trends
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It is not uncommon for a lender to fund a loan to property owned by one spouse. There exist many plausible reasons why one spouse only would be in title, including but not limited to estate planning, taxes, divorce, and protection against future creditors of the nontitled spouse. This article addresses the concerns a lender might have where the underlying transaction between the spouses constitute a fraudulent transfer under either state law or under section 548 of the Bankruptcy Code. Additionally, this article will explore the preventive measures a lender should take to avoid the impact a fraudulent transfer may have ...
concerned a complaint-in-intervention by the U.S. seeking unpaid employment taxes from defendant, under New York Lien Law sections 70-79a (Article 3-A). The court of appeals affirmed the dismissal of the complaint, on the ground that Article 3-A's requirement that there be no prior pending Article 3-A action applied to the U.S. when it brought an action under Article 3-A, and the existence of a pending Article 3-A action required dismissal. Fincher v. Depository Trust & Clearing Corp., No. 08-5013 , involved an employment discrimination action alleging that defendant retaliated ... Read More
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