Plaza Bank v. Alan Green

MEMORANDUM

Defendants-Appellants Alan Green and the Alan Green Family Trust appeal the judgment in favor of plaintiff-appellee Plaza Bank. The district court granted summary judgment for the bank on its claim that the appellants fraudulently transferred property to avoid the bank’s claim. The district court dismissed the appellant’s counterclaims without leave to amend. We affirm.

The district court applied Nevada’s Uniform Fraudulent Transfers Act (“UFTA”), codified in Chapter 112 of the Nevada Revised Statutes, to the appellants’ property transfers and held they were fraudulent. The appellants contend that the district court erred, on the theory that applying the UFTA to the Trust’s transfers conflicts with other Nevada statutory law giving fiduciaries unfettered discretion to transfer property any time and for any purpose. See Nev.Rev.Stat. § 163.270.

The appellants cite no authority for the contention that the UFTA should not apply to trusts in the same way it applies to other persons. To the contrary, the Nevada Revised Statutes explicitly define “person” to include trusts. Nev.Rev.Stat. § 0.039 (defining “person” as “a natural person, any form of business or social…