Lea Gilchinsky, Plaintiff-Respondent v. National Westminster Bank N.J., the Estate of Richard Rodgers, the Estate…

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the defendant's rollover of ERISA pension funds into a New Jersey IRA was a fraudulent conveyance and therefore not exempt from attachment under N.J.S.A. 25:2-1. The Court applied the statutory badges of fraud, finding multiple factors indicating intent to hinder the creditor. Consequently, the IRA funds were subject to the creditor's claim.