New Jersey Attorney Law Review Blog

  In a published decision issued on January 12, 2016, the New Jersey Appellate Division confirmed that the same 4-year statute of limitations period for asserting fraudulent asset transfer claims applies in commercial transactions and tort claims regardless whether or not the creditor has obtained a judgment. Rosario, et al. vs. Marco Construction and Management, Inc., et al. , Superior Court of New Jersey, Appellate Division, Docket No. A-1562-14T3 (July 12, 2016).  New Jersey Uniform Fraudulent Transfer Act The New Jersey Uniform Fraudulent Transfer Act ("UFTA") provides creditors the opportunity to recover property that judgment debtors have attempted to put beyond their reach. Specifically, the UFTA prohibits any transfer intended "to hinder, delay, or defraud any creditor of the debtor." N.J.S.A. 25:2-25(a). The UFTA contains a 4-year statute of limitations period to file suit "after the transfer was made or the obligation was incurred, or...

In this post I briefly discuss the standards by which New Jersey Courts are to apply in determining whether a corporation is the successor-in-interest to, or alter-ego of, a previously existing but defunct corporate entity.  The issue often presents itself when an insolvent closely held corporate entity (such as construction companies or other privately held small businesses)  looks to rid itself of trade debt without effectively shutting down the business and losing valuable assets, customers, contracts or good will.  Unscrupulous business owners may attempt to accomplish this seemingly impossible feat by engaging in fraudulent asset transfers - essentially taking the assets from the debt-ridden business and transferring them over to a new business often established under another family member's name without paying anything to the former business - intended to avoid creditors.    My firm is presently pursuing this exact claim in a matter c...