Torts: Wrongful Death-Fraudulent Transfer to Hinder Creditors

Plaintiffs filed suit against defendant, alleging he and others were responsible for the murder of plaintiffs’ decedent. Plaintiffs asserted a claim for wrongful death and fraudulent transfer, alleging defendant engaged in a series of financial transactions to hinder his creditors. The trial court appointed a receiver during the pendency of the litigation and denied defendant’s motion to vacate the appointment.

Where plaintiffs were not required to give notice of receivership under the Uniform Fraudulent Transfer Act and where defendant had actual notice of plaintiffs’ request, the trial court did not err in appointing a receiver where plaintiffs had a “claim” against defendant under UFTA.

Judgment is affirmed.

Riegel v. Jungerman (MLW No. 74345/Case No. WD82279 – 19 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Jackson County, Harrell, J. (Craig M. Divine, Jonathan Sternberg, Kansas City, for appellants) (Michael D. Mattuezzi, Julie J. Gibson, Overland Park; Rick D. Holtsclaw, Kansas City, for respondents)