The law of fraudulent conveyance is but a branch of the larger field of law dealing with rights of creditors and, therefore, a definition should be made at the outset. Glenn, in opening his excellent work on the subject states that "The fraudulent conveyance, as known in our law, may be roughly defined as an infringement of the creditor's right to realize upon the available assets of his debtor." Now the word "fraudulent" certainly implies that a wrong has been committed for which a remedy will be given; and the term "conveyance" demands that either legal or equitable title to the debtor's assets be transferred to some one else. But the question arises, when is there such a transfer? The Code of West Virginia. answers with the following definitions: " . . . the word 'transfer' shall be taken to include every gift, sale, conveyance or assignment; and the word 'charge' shall be taken to include every confessed judgment, trust deed, mortgage, lien or encumbrance." We might, then, combine the two definitions and say that a fraudulent conveyance is an infringement of the creditor's right to realize upon the available assets of his debtor, due to the latter's having given, sold, conveyed, or assigned them to a third person, or having confessed judgment, given a trust deed, mortgage, lien or encumbrance upon them. However, it should be noted that the value, if any, of such a definition lies only in its marking the scope of the subject. What actually is a fraudulent conveyance will be the question throughout this paper.
Luther E. Woods Jr.,
The Law of Fraudulent Conveyances in West Virginia,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol43/iss4/3