A.G. Cullen Construction, Inc. v. Burnham Partners, LLC

LLC hired Plaintiff construction company to build warehouse and distribution facility in Pennsylvania. LLC stopped paying Plaintiff upon dispute near project completion, and arbitrator entered award for Plaintiff. Prior to entry of award, co-Defendant LLC began to wind down LLC, liquidating all its assets.Sufficient and significant number of "badges" of fraud were present to give rise to presumption of fraud under Uniform Fraudulent Tranfser Act (UFTA), as co-Defendant LLC's owner knew of threat of suit and judgement at time he made transfers of assets.Defendants presented no unbiased evidence that transfers was in exchange for reasonably equivalent value. Court erred in entering judgment in favor of co-Defendants on claims to pierce corporate veil.(LAVIN and MASON, concurring.)