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PQA’s Waldron wins judgment against defendant under the Uniform Fraudulent Transfer Act

On August 25, 2010, the Honorable Mary C. Jacobson, Presiding Judge of the Superior Court for Mercer County, entered an order finding that the transfer of a home by a chiropractor to his mother, constituted a fraudulent transaction under the Uniform Fraudulent Transfer Act, N.J.S.A. 25:2-20, et seq (the “UFTA”). The Court also ordered that PQA may file a new application for relief under the UFTA, and may apply for a final judgment up to the $525,000 amount of the value of the home that the defendant unlawfully conveyed, as well as its attorneys’ fees and costs, once the amount of the damages the defendant owes to PQA’s client is established at the conclusion of parallel proceedings that are pending in another court pursuant to the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1, et seq.

The UFTA motion was successfully briefed and argued by PQA Associate Kathleen Waldron. Discovery in this litigation, which included a series of third-party subpoenas to obtain the bank accounts of the defendant and his mother, and the records of the mortgage lender and broker involved in the transaction, was handled by PQA Associate Denise O’Hara.

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