Garrard Glenn: A Pioneer of Fraudulent Conveyances and Preferences Law
Garrard Glenn (1878-1949) was a prominent American lawyer and law professor who wrote extensively on the topics of fraudulent conveyances and preferences. His two-volume work, Fraudulent Conveyances and Preferences, published in 1940, is considered a classic in the field and has influenced many subsequent developments in bankruptcy and creditors' rights law.
Fraudulent conveyances are transfers of property or rights by a debtor that are intended to hinder, delay or defraud creditors. Preferences are payments or transfers by a debtor that favor one creditor over another before the debtor becomes insolvent or files for bankruptcy. Both fraudulent conveyances and preferences can be avoided or set aside by a court or a trustee in bankruptcy, in order to recover the assets for the benefit of all creditors.
Glenn's work on fraudulent conveyances and preferences was based on his extensive research and analysis of historical and comparative sources, as well as his practical experience as a lawyer and a judge. He traced the origins and evolution of the doctrines of fraudulent conveyances and preferences from ancient Roman law to modern American law, and examined their application in various contexts, such as commercial financing devices, corporate reorganizations, trusts, exemptions, and reputed ownership. He also discussed the interplay between state and federal law, and the impact of the Chandler Act of 1938, which revised the Bankruptcy Act of 1898.
Glenn's work was praised for its clarity, authority, and originality. He was not afraid to express his own opinions and criticisms on controversial issues, such as the validity of after-acquired property clauses, the scope of the trustee's avoidance powers, and the definition of insolvency. He also advocated for reforms and improvements in the law, such as simplifying the rules of evidence, harmonizing state and federal statutes, and adopting uniform standards for fraudulent conveyances and preferences.
Glenn's work has been cited and followed by many courts, scholars, and practitioners in the field of fraudulent conveyances and preferences. His work has also been updated and revised by subsequent editions, such as Glenn on Fraudulent Transfers, by Robert E. Ginsberg and Robert D. Martin (2006), which reflects the changes brought by the Uniform Fraudulent Transfer Act (1984) and the Bankruptcy Code (1978).
Garrard Glenn was a pioneer of fraudulent conveyances and preferences law, who made a lasting contribution to the development of bankruptcy and creditors' rights law. His work remains relevant and influential today, as fraudulent conveyances and preferences continue to be important issues in insolvency cases.
Garrard Glenn was not only a scholar and a teacher, but also a lawyer and a judge. He practiced law in New York for 15 years, specializing in bankruptcy and corporate law. He also served as a special master in chancery for the U.S. District Court for the Southern District of New York, and as a referee in bankruptcy for the same court. He was admitted to practice before the U.S. Supreme Court in 1911.
Garrard Glenn was also active in professional and civic organizations. He was a member of the American Bar Association, the American Law Institute, the American Judicature Society, and the Virginia State Bar Association. He was also a fellow of the American Academy of Arts and Sciences, and a trustee of the University of Georgia Foundation. He served as president of the Virginia Law Review Association, and as editor-in-chief of the Virginia Law Register. He was also involved in various charitable and educational causes, such as the Red Cross, the Boy Scouts, and the University of Virginia Hospital.
Garrard Glenn died on 17 February 1949, at the age of 70. He was survived by his wife, Mary Louise Glenn, and his three children, Garrard Jr., John Thomas, and Helen Louise. He was buried in Atlanta, Georgia, his birthplace. His legacy lives on through his writings, his students, and his contributions to the law. ec8f644aee