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Juana Rios de Martinez v. Alfredo Jose Martinez, et al.
Date: 10-17-2024
Case Number: 23-CV-30418
Judge: Gretchen B. Larson
Court: District Court, Mesa County, Colorado
Plaintiff's Attorney:
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Defendant's Attorney:
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Description:
Grand Junction, Colorado family law lawyers represented wife and husband in a divorce involving alleged fraudulent transfers.
¶ 1 Under the Colorado Uniform Fraudulent Transfer Act (CUFTA), a transfer of an asset made with actual intent to hinder, delay, or defraud a creditor is fraudulent, and a court may impose a variety of remedies, including setting aside the transfer. §§ 38-8-105(1)(a), -108, C.R.S. 2024. In this case, we consider whether a wife who has petitioned for dissolution of her marriage may maintain a cause of action against her husband and others under CUFTA as her husband's "creditor" based on allegations that he transferred property in anticipation of the divorce to deprive her of an equitable distribution of the marital estate. We conclude that she may.[1]
¶ 2 Plaintiff, Juana Rios de Martinez (wife), appeals the district court's judgment dismissing, for failure to state a claim, her CUFTA and civil conspiracy claims against the defendants, Alfredo Jose Martinez Landaverde (husband), Martinez Family Corporation, Martinez Investments LLC, Nivia Hernandez, and Tessa Arce.
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Martinez v. Landaverde, 2024 COA 115, 24CA0192 (Colo. App. Oct 17, 2024)
¶ 1 Under the Colorado Uniform Fraudulent Transfer Act (CUFTA), a transfer of an asset made with actual intent to hinder, delay, or defraud a creditor is fraudulent, and a court may impose a variety of remedies, including setting aside the transfer. §§ 38-8-105(1)(a), -108, C.R.S. 2024. In this case, we consider whether a wife who has petitioned for dissolution of her marriage may maintain a cause of action against her husband and others under CUFTA as her husband's "creditor" based on allegations that he transferred property in anticipation of the divorce to deprive her of an equitable distribution of the marital estate. We conclude that she may.[1]
¶ 2 Plaintiff, Juana Rios de Martinez (wife), appeals the district court's judgment dismissing, for failure to state a claim, her CUFTA and civil conspiracy claims against the defendants, Alfredo Jose Martinez Landaverde (husband), Martinez Family Corporation, Martinez Investments LLC, Nivia Hernandez, and Tessa Arce.
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Martinez v. Landaverde, 2024 COA 115, 24CA0192 (Colo. App. Oct 17, 2024)
Outcome:
Reversed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Juana Rios de Martinez v. Alfredo Jose Martinez, et al.?
The outcome was: Reversed
Which court heard Juana Rios de Martinez v. Alfredo Jose Martinez, et al.?
This case was heard in District Court, Mesa County, Colorado, CO. The presiding judge was Gretchen B. Larson.
Who were the attorneys in Juana Rios de Martinez v. Alfredo Jose Martinez, et al.?
Plaintiff's attorney: Click Here For The Best Grand Junction Family Law Lawyer Directory. Defendant's attorney: Click Here For The Best Grand Junction Family Law Lawyer Directory.
When was Juana Rios de Martinez v. Alfredo Jose Martinez, et al. decided?
This case was decided on October 17, 2024.