Carlos J Cuevas

March 29, 2017 | New York Law Journal

Carlos J. Cuevas analyzes Bankruptcy Code §548(c), which provides a transferee, the recipient of an alleged fraudulent conveyance, with an affirmative defense to the fraudulent conveyance action.

By Carlos J. Cuevas

16 minute read

January 23, 2017 | New York Law Journal

Carlos J. Cuevas reviews a recent Eastern District case where a trustee commenced an adversary proceeding to avoid two transfers by a debtor to his significant other at a time when the defendant was being sued in a civil action in Texas. Judge Nancy Hershey Lord wrote a thoughtful opinion concerning the application of the badges of fraud to establish fraudulent intent.

By Carlos J. Cuevas

16 minute read

November 08, 2016 | New York Law Journal

Carlos J. Cuevas, a solo practitioner in Yonkers, discusses the issue of the ownership of a legal claim which can become the most important legal issue in a Chapter 7 case. The issue of standing has to be resolved so that the claim can be prosecuted. The case law is muddled because the courts have taken various approaches.

By Carlos J. Cuevas

19 minute read

September 06, 2016 | New York Law Journal

Carlos Cuevas explores the case law on vacating a default judgment. In order to vacate a default judgment a movant must establish a reasonable excuse for the default and a meritorious defense. The article discusses what constitutes a reasonable excuse under CPLR 5015(a)(1).

By Carlos J. Cuevas

18 minute read

June 24, 2016 | New York Law Journal

Carlos J. Cuevas writes: One means of trying to recoup the losses for the defrauded investors of a Ponzi scheme is commencing a lawsuit for aiding and abetting fraud against a professional, such as an accountant or an attorney, who had actual knowledge of the Ponzi scheme and rendered substantial assistance to its effectuation. A potential, but not insurmountable, obstacle is CPLR 3016.

By Carlos J. Cuevas

23 minute read

May 09, 2016 | New York Law Journal

Carlos J. Cuevas writes: Each day New Yorkers are engaged in innumerable interstate and international business transactions. An important legal issue that arises is whether a New York court can exercise personal jurisdiction over a non-domiciliary that has engaged in an intentional fraudulent conveyance against a New York domiciliary.

By Carlos J. Cuevas

9 minute read

March 29, 2016 | New York Law Journal

Carlos J. Cuevas discusses the effect of a default judgment, one issued by New York state courts when a defendant was properly served but failed to respond to a claim, on collateral estoppel in the U.S. Bankruptcy Court.

By Carlos J. Cuevas

22 minute read

February 19, 2016 | New York Law Journal

Carlos J. Cuevas writes: A collusive property settlement—where divorcing spouses conspire to utilize a property settlement agreement as an asset protection device—violates the fraudulent conveyance laws, can be the basis for denying a bankruptcy discharge, and can be the basis of a criminal prosecution against a debtor and her attorney for bankruptcy fraud. The dissolution of a marriage was never intended to be a vehicle to effect a fraudulent end.

By Carlos J. Cuevas

12 minute read