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Res-Ga Ypl, Llcv.J. H. Rowland, Iii Et Al.

CourtCourt of Appeals of Georgia
Docket No.A16A1919
DecidedMarch 14, 2017
Reporter316 Ga. App. 7
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawCivil ProcedureStatutory InterpretationDeclaratory JudgmentReversalDirect Appeal
Case Summary

RES-GA YPL held an unsatisfied deficiency judgment against J. H. Rowland and sued after a series of transfers of real property to family members and related entities. YPL alleged that the transfers were intended to hinder or delay collection and sought relief under Georgia’s Uniform Fraudulent Transfers Act, along with a declaration that its interest was superior. The trial court dismissed the claims. The Court of Appeals affirmed in part and reversed in part. It held that the complaint adequately alleged a creditor’s right to challenge transfers made after the judgment and that the pleading stated claims under the statute and for related relief. The court rejected dismissal of the surviving fraudulent-transfer and attorney-fee claims, while leaving other theories that were legally insufficient dismissed. The case was remanded for further proceedings on the claims that remained. Two judges concurred.

Opinion

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