§548 Fraudulent Transfers in New York

How 11 U.S.C. § 548 applies in New York — federal bankruptcy law, New York district data.

What §548 Fraudulent Transfers Does

Transfers made within 2 years of filing (10 years for self-settled trusts) with actual fraudulent intent — or made for less than reasonably equivalent value while insolvent — can be avoided by the trustee and the property recovered. Common triggers: deeding the house to a family member to "protect" it before filing.

Key points:

New York Bankruptcy Data (FJC)

127,960
Total filings
66.5%
Dismiss rate
40,064
Prior filers
15.7%
Prior discharge rate

Districts covered: N.D.N.Y., E.D.N.Y., S.D.N.Y., W.D.N.Y..

Apply This to Your Case

The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a New York-specific answer, check the screener or consult a local attorney.

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Related New York Statutes

§548 Fraudulent Transfers in Other States