What is the burden of a creditor who alleges that a conveyance made by a debtor is presumptively fraudulent?
California, United States of America
The following excerpt is from Whitehouse v. Six Corp., 40 Cal.App.4th 527, 48 Cal.Rptr.2d 600 (Cal. App. 1995):
If the creditor shows that a conveyance made by a debtor is presumptively fraudulent because it has been made without fair consideration, the burden shifts to the party defending the transfer. (See Neumeyer v. Crown Funding Corp. (1976) 56 Cal.App.3d 178, 190, 128 Cal.Rptr. 366.)
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