United States Ninth Circuit

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US Small Business Admin. v. Bensal, 14-17404

In the SBA's action seeking to satisfy a default judgment assigned to it, arising after the default on a loan that SBA guaranteed between a private bank and defendant's company, the district court's judgment in favor of the SBA is affirmed where: 1) the Federal Debt Collection Procedures Act (FDCPA)'s 'fraudulent transfer' provision allows the federal government to void a fraudulent transfer by a debtor owing a debt to the United States; 2) the FDCPA displaced California's disclaimer law, California Probate Code section 283; 3) defendant's disclaimer constituted a transfer of property under the FDCPA, and California disclaimer law did not operate to prevent the SBA from reaching defendant's trust share; and 4) defendant owed a 'debt' to the United States.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/04

Judges

  • MURGUIA

Court

  • United States Ninth Circuit

Counsel


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