Business Records Exception May Foil Creditor Assignees

In 2015, conflicting opinions were issued on the issue of whether an assignee can prove its prima facie case on a debt by declaration of the assignee’s custodian of records using the business records exception of Evidence Code Section 1271.

New law may extend time to challenge fraudulent transfers

It is clear that ‘a common law action to set aside a fraudulent transfer could [now] theoretically be brought scores of years after the transfer (assuming of course, that it took that long to bring the underlying action and obtain a judgment).’