Imputation of Fraudulent Intent to Legal Entities: Can One Bad Apple Spoil the Barrel?

How do you show that a legal entity acted with intent to defraud its creditors for purposes of an avoidance action asserted under Bankruptcy Code § 548(a)(1)(A)? After all, legal entities themselves cannot form an intent; they can only act through their officers, directors or agents.

Brenna A. Dolphin. “Imputation of Fraudulent Intent to Legal Entities: Can One Bad Apple Spoil the Barrel?” American Bankruptcy Institute, Young and New Members Committee, February 23, 2024.

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