New York is the commercial capital of the United States. 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.
Under New York law, an intentional fraudulent conveyance is a conveyance made with actual intent to hinder, delay or defraud present or future creditors.1 An intentional fraudulent conveyance is usually effectuated by a debtor to render a defaulted obligation or judgment unenforceable.
