The current issue of The Business Lawyer just arrived today with my U.S. mail. One of the lead articles in the current issue of this publication of the American Bar Association’s Business Law Section is entitled: Proving Solvency: Defending Preference and Fraudulent Transfer Litigation, by Robert J. Stearn, Jr., a member of the Delaware Bar. It does not yet appear to be available online, but the publication generally is available online here. The citation is 62 Bus. Law. 359 (Feb. 2007). The introductory syllabus to the article indicates that its contents would be useful reading for many who practice business litigation:
Litigating solvency can be a complicated endeavor. This article provides a general roadmap for proving solvency in the defense of preference and fraudulent transfer litigation….