Hawaii Supreme Court· 9/26/2006
Kekona v. Abastillas
Citations
- 150 P.3d 823
- 113 Haw. 174
- 2006 Haw. LEXIS 501
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the clear and convincing standard applies to UFTA fraudulent transfer claims
- holding that the proper standard of proof for a civil fraudulent transfer proceeding was the clear and convincing standard of proof inasmuch as a finding of liability for a fraudulent transfer produces reputational harm that should not be inflicted absent that degree of proof
- holding that the proper standard of proof for a civil fraudulent transfer proceeding was the clear and convincing standard of proof inasmuch as a finding of liability for a fraudulent transfer produces reputational harm that should not be inflicted absent that degree of proof
- noting that preferential transfers may be fraudulent and subject to HUFTA
- “[T]he element of fraud connotes dishonesty and effectively brands the liable defendant with an imprimatur of quasi-criminality”
Source: CourtListener parenthetical corpus (CC0).
Judges: Acoba, Duffy, Lee, Levinson, Moon, Nakayama, Place
Read full opinion on CourtListenerSourced 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.