Search for: "Fraudulent Conveyance"
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10 May 2021, 6:18 am
Recently, the CFPB and New York Attorney General filed a Complaint against Douglas MacKinnon and members of his immediate family to unwind the allegedly fraudulent conveyance of MacKinnon’s $1.6 million home made shortly after he learned his business practices were the subject of CFPB and NYAG investigations. [read post]
10 Aug 2017, 5:48 am
Interstate Distribution Servs., Inc., 451 N.E.2d 1222, 1225 (Ohio 1983) (same under Ohio’s Uniform Fraudulent Conveyance Act), and Macris & Assocs., Inc. v. [read post]
15 Oct 2008, 2:50 am
Unlike fraudulent conveyances, which often can not be undone, avoidable preferences can often be “fixed” before a bankruptcy. [read post]
9 Jan 2018, 9:00 am
A recent case concerning a valid contract on assets and the impact of a will was discussed by the Wills, Trusts, & Estates Prof Blog in "Surrogate's Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition. [read post]
12 Oct 2007, 3:09 pm
Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law" has recently posted on SSRN his article entitled The Uniform Acts' Loophole in Fraudulent Conveyance Law. [read post]
23 Nov 2009, 8:12 am
., --- F.3d ---, 2009 WL --------- (7th Cir. 2009)(judgment for trustee in fraudulent conveyance action is affirmed in part and reversed in part where: 1) bankruptcy... [read post]
28 Dec 2006, 5:58 am
The Chapter 7 Trustee filed fraudulent conveyance actions against the Debtor and his spouse, based upon a pre-petition... [read post]
1 Jul 2011, 5:45 am
In the pitched battle over MBIA's controversial restructuring, Giuffra convinced the New York Court of Appeals to reinstate a fraudulent conveyance and contract lawsuit brought by a group of banks concerned about the insurer's ability to honor policies covering billions of dollars in complex financial instruments. [read post]
20 Feb 2008, 10:04 am
Holman Jenkins in today's WSJ wonders whether state officials can wave a coercive wand over the troubled institutions and thus immunize them from charges of fraudulent conveyance should their mortgage clients suffer and their municipal clients walk away whole.... [read post]
1 Jul 2009, 8:57 am
Bledsoe, --- F.3d ---, 2009 WL --------------- (9th Cir. 2009)(trustee must allege and prove "extrinsic fraud" to establish fraudulent conveyance included in dissolution judgment) 9th Circuit Court of Appeals, June... [read post]
11 Jul 2009, 12:27 pm
Alford, --- F.3d ---, 2009 WL ---------------- (6th Cir 2009)(section 546(e) defense to fraudulent conveyance extends to the leveraged buyout at issue, involving privately held securities) 8th Circuit... [read post]
14 Jun 2014, 8:00 am
In this case, the Court left intact a lower-court ruling that enforced a fraudulent-conveyance judgment against EBIA. [read post]
8 Apr 2011, 7:07 am
Judgment Released: November 15, 2010 Link to Judgment The plaintiff was suing to recover amounts owing by the defendants pursuant to a guarantee agreement, and also sought that the Court pierce the corporate veil, making certain individuals and subsidiaries of the defendant liable, and a declaration that there had been a fraudulent conveyance by the defendants. [read post]
20 Jan 2012, 6:00 am
Clients should shield assets from potential creditors before they become indebted because attempts to shield assets after a client becomes a debtor will be considered a “fraudulent conveyance. [read post]
28 May 2008, 7:55 am
Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law) has recently published his article entitled The Uniform Acts' Loophole in Fraudulent Conveyance Law, Estate Planning, Dec. 2007, at 20. [read post]
28 Feb 2012, 11:13 pm
Mawdsley was not a “creditor or other” within the meaning of the Fraudulent Conveyance Act. [read post]
8 Dec 2017, 5:15 am
By using the term “fraudulently,” is this provision requiring common law fraud, thus imposing a higher standard than prevailing fraudulent conveyance law, or merely intending to co-opt the less rigorous requirements of fraudulent conveyance law? [read post]
15 Aug 2011, 4:03 am
Further, the Court denied the motions to dismiss the actual fraudulent conveyance claims finding that the “Ponzi scheme presumption” applies to the transfers made by Dreier LLP and – as discussed in more detail in this posting – “mutual fraudulent intent” by the transferor and the transferee is not required to state a prima facie actual fraudulent conveyance claim under the NYDCL. [read post]
15 Aug 2011, 4:03 am
Further, the Court denied the motions to dismiss the actual fraudulent conveyance claims finding that the “Ponzi scheme presumption” applies to the transfers made by Dreier LLP and – as discussed in more detail in this posting – “mutual fraudulent intent” by the transferor and the transferee is not required to state a prima facie actual fraudulent conveyance claim under the NYDCL. [read post]
9 May 2017, 8:00 am
Nautilus discovered the conveyance and loan, and filed suit to set aside the fraudulent transfer. [read post]
