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· 10/19/1988

First National Bank in Fairfield v. Frescoln Farms, Ltd.

Citations

  • 430 N.W.2d 432
  • 1988 Iowa Sup. LEXIS 287
  • 1988 WL 108542

How courts have described this case

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

  • finding this theory to be embodied in the common law, in the Uniform Fraudulent Conveyances Act, and in the more recent Uniform Fraudulent Transfer Act
  • transfer of stock \in consideration of love and affection\ is not consideration for purposes of Iowa fraudulent transfer law
  • transfer of property without consideration is presumed fraudulent and may be set aside unless transferee shows transferor remained solvent after transaction
  • “Solvency must be determined as of the time the alleged fraudulent transfer took place.”
  • transfer of stock “in consideration of love and affection” is not consideration for purposes of Iowa fraudulent transfer law
  • when insolvent, debtor’s debts are greater than debtor’s assets at fair valuation

Source: CourtListener parenthetical corpus (CC0).

Judges: McGiverin, Schultz, Lavorato, Neuman, Snell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.