FRAUDULENT CONVEYANCES Nassau Academy of Law CLE Live ...

McKinney's Debtor and Creditor Law § 276-a Page 1Effective:[See Text Amendments]Mckinney's Consolidated Laws of New York Annotated CurrentnessDebtor and Creditor Law (Refs & Annos)Chapter 12. Of the Consolidated Laws (Refs & Annos)Article 10. Fraudulent Conveyances (Refs & Annos)§ 276-a. Attorneys' fees in action or special proceeding to set aside a conveyance made with intentto defraudIn an action or special proceeding brought by a creditor, receiver, trustee in bankruptcy, or assignee for the benefitof creditors to set aside a conveyance by a debtor, where such conveyance is found to have been made by the debtorand received by the transferee with actual intent, as distinguished from intent presumed in law, to hinder, delay ordefraud either present or future creditors, in which action or special proceeding the creditor, receiver, trustee inbankruptcy, or assignee for the benefit of creditors shall recover judgment, the justice or surrogate presiding at thetrial shall fix the reasonable attorney's fees of the creditor, receiver, trustee in bankruptcy, or assignee for the benefitof creditors in such action or special proceeding, and the creditor, receiver, trustee in bankruptcy, or assignee for thebenefit of creditors shall have judgment therefor against the debtor and the transferee who are defendants in additionto the other relief granted by the judgment. The fee so fixed shall be without prejudice to any agreement, express orimplied, between the creditor, receiver, trustee in bankruptcy, or assignee for the benefit of creditors and his attorneywith respect to the compensation of such attorney.CREDIT(S)(Added L.1938, c. 479; amended L.1943, c. 172.)Current through L.2009, chapters 1 to 14 and 16 to 347.Copr © 2009 Thomson ReutersEND OF DOCUMENT© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.