Issue: Whether a transferee of property who claims an interest therein, is a necessary party to the resolution of a claim of fraudulent transfer
| Area of Law: | Litigation & Procedure |
| Keywords: | Fraudulent transfer claim; Grantee or transferee of property |
| Jurisdiction: | Hawaii, Minnesota |
| Cited Cases: | None |
| Cited Statutes: | None |
| Date: | 05/01/2011 |
In a case involving a provision of the Uniform Fraudulent Transfer Act, the law is clear that “a grantee or transferee of property who claims an interest therein, is a necessary and indispensable party to the resolution of a claim of fraudulent transfer” and, in her absence, it is reversible error to grant a motion to execute on an allegedly fraudulently transferred asset. Tanaka v. Nagata, 868 P.2d 450, 453-54 (Haw. 1994); see Chrysler Credit Corp. v. Peterson, 342 N.W.2d 170, 172 (Minn. Ct. App. 1984).
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