HERUP v. FIRST BOSTON FINANCIAL

No. 45773.

162 P.3d 870 (2007)

Hans Joseph HERUP and Herup Holdings, LLC, Appellants/Cross-Respondents, v. FIRST BOSTON FINANCIAL, LLC, a Wyoming Limited Liability Company, Respondent/Cross-Appellant.

Supreme Court of Nevada.

July 26, 2007.


Attorney(s) appearing for the Case

Robert C. Herman, Carson City, for Appellants/Cross-Respondents.

Brooke Shaw Zumpft and Michael L. Matuska, Minden, for Respondent/Cross-Appellant.

Before PARRAGUIRRE, HARDESTY and SAITTA, JJ.


OPINION

By the Court, HARDESTY, J.

In this case, we consider whether the Uniform Fraudulent Transfer Act (UFTA), NRS Chapter 112, was properly applied to a secured creditors' transfer of assets to a third party following the secured creditors' improper repossession of their business. We also take this opportunity to examine the standard to be used in determining whether a transferee has a good faith defense to a fraudulent transfer action under the...

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