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Recent Personal Injury and Car Accident News and Cases
The Hawaii Supreme Court recently upped the stakes for individuals knowingly participating in fraudulent transfers designed to leave the claims of creditors unsatisfied. In the case of Kekona v Borneman, Sup. Ct. No 29036, (Hawaii Civil No. 93-3974, April 24, 2015), the HSCt affirmed a civil judgment which awarded in excess of $250,000 in compensatory damages and in excess of $1,600,000 in punitive damages against a third party who willingly received real property from a debtor who was trying to defraud her creditors. The court considered (1) the expenses and delays of the litigation, (2) the level of the misconduct of the third party and (3) the third party's net worth in upholding the punitive damages award of over 6 times the compensatory damages. (The standard of proof required was 'clear and convincing evidence').