Kekona v. Abastillas

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).