FIRST NAT. BANK IN ALBUQUERQUE v. Abraham

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under the Uniform Fraudulent Conveyance Act, “prejudice to the rights of creditors is presumed, regardless of the debtor’s intent to defraud”
• indicating that the creditor bears the burden of proof in establishing that a fraudulent conveyance took place
• indicating that the creditor bears the burden of proof in 6 establishing that a fraudulent conveyance took place
• recognizing constructive fraud 20 under the former Uniform Fraudulent Conveyance Act as a conveyance made by an 21 insolvent debtor without fair consideration
• considering a contract issue for the first 9 time on appeal as a basis to affirm the district court as right for any reason where the 10 record reflected no doubt that the issue was presented in the district court
• joint trial of whether (1) defendant owes debt and (2) defendant made a fraudulent conveyance

Source: CourtListener parenthetical corpus (CC0).