Earlier disposal of assets by a debtor does not eliminate the chances of a future creditor
26.11.2020
Actio pauliana, creditor protection
A creditor has a chance to obtain satisfaction through a fraudulent transfer claim even if the debtor disposed of its assets before the claim arose. The intention to injure future creditors is demonstrated by the foreseeability of insolvency, and thus the debtor’s expectation of becoming insolvent with respect to potential creditors.
