Hello Natalia: I think I can help. I have been involved in a few FC cases over the years, both state and federal. You asked:
I can bring a court case against this third party (who should I sue in USA - the third party, the debtor, or both of them)
Both of them, but the third party is the primary defendant because s/he has possession or title to the property that you are trying to recover.
if I win the case I can go to the bailif and start the compulsory enforcement against the debtor but from the property that was sold to this third party.
Our bailiffs do not perform such functions. When the judgment is entered reverting title to the debtor, it depends on the nature of the property, i.e. real estate or personal property, how the creditor would actually seize it in satisfaction of the debt.
what if the third party that benefited from the legal action made by my debtor is declared a bankrupt? Can I sue it as a bankrupt? Or can I go to its bankruptcy before I have a court award against the bankrupt
It is usually the debtor who files for bankruptcy, in which case Section 548 of the Federal Bankruptcy Code would apply. See: http://www.law.cornell.edu/uscode/text/11/548
If the transferee of the property files for bankruptcy, then you would still file suit/or petition in his bankruptcy proceeding to recover the property so that it cannot be used to pay his other creditors.
If either party is in bankruptcy then the bankruptcy law controls. If there is no bankruptcy involved then the laws of the state where the transfer of the property is applied. Many states have adopted The Uniform Fraudulent Transfer Act (UFTA), or variations of it as their law. It is important to know which state law is being applied. For a scholarly law journal article on UFTA see: http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1321&context=facpubs&sei-redir=1 For a good general summary of the law, see: http://uniformlaws.org/ActSummary.aspx?title=Fraudulent%20Transfer%20Act
There is a huge amount of information about Fraudulent Transfers/Conveyances on line. I hope this is sufficient to get you started in the right direction and that you will give me a positive rating. If you have any follow up questions please send a Reply.
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