Search for: "Fraudulent Conveyance"
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23 Mar 2021, 11:57 am
The insurers refused to reimburse any legal fees or otherwise indemnify the insureds on the grounds that the trustee’s fraudulent conveyance suit did not satisfy the policies’ definition of “Securities Claim. [read post]
16 Mar 2021, 2:42 pm
The Court dismissed the fraudulent conveyance and unjust enrichment claims in an August 27, 2020 order, and Defendants subsequently moved to dismiss the remaining claims. [read post]
The Oral Partnership Operating as a Corporation: Is it a Partnership? A Corporation? Can it be Both?
15 Mar 2021, 4:59 am
The Dismissal Motion Before we authored our last blog on Eikenberry, Lamson moved to dismiss Eikenberry’s complaint, consisting of seven causes of action predominantly dependent upon the alleged existence of an oral partnership at-will: Count One: Accounting of EL Partnership under Partnership Law § 44 Count Two: Breach of Fiduciary Duty Count Three: Breach of Contract Count Four: Unjust Enrichment Count Five: Constructive Trust Count Six: Fraudulent Conveyance Count… [read post]
15 Feb 2021, 4:00 pm
We cannot account in rational terms for its conveyance. [read post]
25 Jan 2021, 4:36 am
The Counterclaims Appeal After Farro sued LMEG and his former co-members, Wilhelm and Schochet, they filed ten counterclaims against him, counts one through seven brought on behalf of LMEG for breach of fiduciary duty / faithless servant, fraud, negligent misrepresentation, conversion, unjust enrichment, declaratory judgment, and accounting, and the remaining counts brought on behalf of Schochet for fraud, negligent misrepresentation, and constructive fraudulent conveyance under… [read post]
22 Jan 2021, 5:55 am
In a prior Bankruptcy Court proceeding, the court held that the LBO was not a fraudulent conveyance under the federal bankruptcy laws (because it fit within a statutory safe harbor for payments made through a financial institution). [read post]
4 Jan 2021, 4:30 am
” Eikenberry brought claims for accounting, breach of fiduciary duty, breach of contract, unjust enrichment, constructive trust, fraudulent conveyance, and judicial dissolution of the partnership under Section 63 of the Partnership Law, alleging that Lamson excluded her from the partnership and “concealed and transferred significant assets” after their romantic relationship fizzled (a common phenomenon about which we have written previously). [read post]
26 Dec 2020, 5:28 pm
Illinois family law has a lot of buzzwords that divorce lawyers understand (or pretend to) that regular people can’t seem to wrap their head around. [read post]
17 Nov 2020, 7:06 pm
A trustee filed an adversary proceeding, asking the court to avoid the transfer because it was a fraudulent conveyance. [read post]
22 Oct 2020, 8:11 am
The trustee sued O’Melveny after Aletheia was pushed into Chapter 7 bankruptcy in 2012 and alleged O’Melveny violated the firm’s fiduciary duties and the federal Bankruptcy Code, which prohibits fraudulent conveyances. [read post]
2 Sep 2020, 6:22 am
Existing Laws on Florida Homestead Protection and Fraudulent Conveyance It is well-settled Florida law that the purchase or improvement of a Florida homestead cannot be set aside as a fraudulent conveyance. [read post]
4 Aug 2020, 11:00 am
This case law update concerns transfers of exempt property after filing bankruptcy, the statute of limitations for fraudulent conveyance, and proper wage garnishment jurisdiction. [read post]
30 Jul 2020, 10:28 pm
The DOR claimed that the decedent owed more than $100,000 in unpaid income taxes and asked the administrator of the estate to file a motion to set aside the allegedly fraudulent conveyances. [read post]
29 Jul 2020, 3:37 pm
In my experience, the facts as laid out in 16th and 17th-century fraudulent conveyance cases aren’t that interesting. [read post]
23 Jul 2020, 9:30 pm
The case famously concerns fraudulent conveyance, which occurs when a debtor transfers some or all of his assets to a third party with the intent to "hinder, delay, or defraud" the debtor’s creditors. [read post]
20 Jul 2020, 3:48 am
The statute has a built-in exception, however, authorizing an action for equitable relief when the merger “is unlawful or fraudulent as to that shareholder. [read post]
20 Jun 2020, 3:01 pm
.), for the fraudulent activity of one of its associates. [read post]
26 May 2020, 8:02 am
Of course, under the concept of fraudulent conveyance, once the tenant sues the landlord, the tenant cannot transfer assets out of his company in the event that he loses and needs to hand them over. [read post]
11 May 2020, 4:40 am
These types of transfers are considered fraudulent or voluntary conveyances that can be undone and may also result in a denial of discharge in bankruptcy. [read post]
22 Apr 2020, 2:53 pm
This provides assurance that the document isn’t being executed fraudulently. [read post]
