Fraudulent intent in bankruptcy

Intention does not matter under the bankruptcy code. Under many
states’ laws a transfer to a relative for less than fair value creates
a rebuttable presumption of fraud. There is no such rebutting under
548, where the transfer for less than fair value while insolvent is
avoidable regardless of intent. The point is the transferee got an
asset that arguably would have been available to the transferor’s
creditors.

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