09/21/2016
The Washington state legislature is thinking of changing the law on fraudulent conveyances and this change could have a major impact on bankruptcy cases. If the legislature is not careful, it could result in people who have done nothing wrong being sued by bankruptcy trustees.
Here is an example: A husband and wife sold their house several years ago to somebody they did not know. Unknown to them, the person who purchased the home was operating a Ponzi scheme and eventually filed for bankruptcy. The bankruptcy trustee sued the husband and wife because some of the funds from the sale came from stolen funds. Even though the wife had died and the husband was suffering from dementia, and did absolutely nothing wrong, they were required to return more than $900,000 to the bankruptcy trustee.
Here is another example of a third party being who did nothing wrong being sued by bankruptcy trustees:
http://www.wsj.com/articles/bankruptcy-trustees-claw-back-college-tuition-paid-for-filers-kids-1430869820
Several schools have paid up in an attempt to avoid lawsuits.