City of San Francisco v. Esmas

In City of San Francisco v. Esmas, the City of San Francisco faced the uphill task of unwinding multiple fraudulent conveyances.

After the city obtained a judgment against the defendants for running an illegal “flophouse”, the defendants transferred the property through a series of transactions which left the chain of title hopelessly tangled.

The following documents provide insight into the multiple steps used by the city to unwind the fraudulent conveyances and sell the property free and clear of the debtors’ interest.

First, the city obtained a Restraining Order. Next a receiver was appointed. The receiver was then able to sell the property. The Sheriff Sale Order, as well as the Order Allowing Access to PropertySecond Restraining Order, and Amended Sale Order can be viewed by clicking on the preceding links.

Ultimately the fraudulent conveyees appealed the order. You can view the Appellate Decision here.

This case provides the reader with a narrative commencing from the first restraining order to the appellate decision, which is a rarity in fraudulent conveyances. The seminal aspect of this case is that the trial court vacated six separate post judgment transfers in a post judgment trial. The court found that the debtor had made a series of fraudulent conveyances and vacated all of them .

Advertisements

Comments are closed.

%d bloggers like this: