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Special Report on

Unfair Preference and Fraudulent Conveyance

unfair preference and fraudulent conveyance special research report Photo by
This selective list of primarily Canadian legal texts is a quick starting point for secondary source research. It is not comprehensive, and does not cover specialised areas of practice such as Family Law, Labour Law, Securities Law and Tax Law. Flatters, The Taxation and Financing of Aboriginal Businesses in Canada (looseleaf) Henderson, Treaty Rights in the Constitution of Canada (2007) Imai, Annotated Indian Act Macaulay, Aboriginal and Treaty Rights Practice (looseleaf) Reiter, The Law of First Nations (1996) Woodward, Native Law (looseleaf) Blake, Administrative Law in Canada (4th ed., 2006) Brown & Evans, Judicial ...
The law on unfair preferences varies from country to country, but characteristically, to set a transaction or payment aside as an unfair preference, the liquidator will need to show that: the person or company was insolvent at the time the payment was made (either on the cash-flow test, or on the balance sheet test - it varies from country to country) the person or company then went into bankruptcy within a specified time thereafter, usually referred to as the vulnerability period the payment had the effect of putting the creditor in a better position than other unsecured creditors in some jurisdictions, it is also necessary to ...
C4 Direct Scammers
Up till now no one has gotten paid. (Current and old employees). There were employees that were hired through C4 Direct Solutions on the first week of June that still have not received a pay check(They were promised this week though..but not through C4 Direct Solutions but through Quick Response Outsourcing). The same clients (Frontier, USG&E, ESG, and Newten) that were billed by C4 is now being billed by Quick Response Outsourcing. Which confirms that Ronald may/will not pay his employees. Folks this is against the law. Instead of starting a company the right way, they kept the same clients that was under C4 Direct Solutions ... market research, surveys and trends
Purchase of an annuity the day before bankruptcy filing does not ...
What if the day we go bankrupt, we purchase an annuity which is exempt under Texas law? Yeah, that will really work. This case discusses what can actually be an excellent strategy for asset protection in some states -- buying a life insurance policy or annuity policy where the state provides a statutory exemption for such policies -- in the context of a fraudulent conversion, which is the fraudulent conversion of a non-exempt asset to an exempt asset for the purpose of defauding creditors. This is similar to, but different from, a fraudulent transfer. Matter of Soza, --- F.3d ----, 2008 WL 4181756 (5th Cir. - Tex., Sept. 12, 2008) market research, surveys and trends


Bankruptcy, Creditors' Rights and Insolvency-Related Litigation ...
Complex bankruptcy cases call for attorneys who are at once litigators and negotiators, advocates who are fluent in law, business and finance. Time and again, the attorneys at McKenna Long & Aldridge (MLA) prove themselves on all counts. In major bankruptcies and restructurings throughout the U.S., MLA attorneys help troubled companies reorganize, creditors to recover what is due them, trustees to manage major cases, and businesses to acquire distressed assets. Whether negotiating a sophisticated reorganization plan or litigating a complex adversary proceeding, our attorneys bring experience and creativity to the task. ... industry trends, business articles and survey research
Bank of America's Scheme to Stiff Countrywide Bondholders « naked ...
A reader provided a link to a post by Institutional Risk Analytics, which in turn cites a merger filing by Bank of America with respect to its plan to acquire Countrywide. The document details what can only be called a scheme by which Bank of America intends to acquire Countrywide (specifically, the FDIC insured entity) but leave the debt behind. Now I am not a bankruptcy expert, nor am I current on the state of the art in M&A, but the intent of this deal flies in the face of a fundamental precept of well established practice. A huge no no is what is called fraudulent conveyance , and this deal is a clear, flagrant ... industry trends, business articles and survey research


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unfair preference or an uncommercial transaction, and the transaction ..... of the Bankruptcy Act and general fraudulent conveyance statutes. ... technology research, surveys study and trend statistics
of the transaction, the debtor's estate was unfairly diminished." 1 Ger- rard Glenn, Fraudulent Conveyances and Preferences § 275 (rev. ed. ... technology research, surveys study and trend statistics
an unfair advantage on the claimant; and (iii) equitable subordination of the ..... fraudulent conveyance suit as there are to preference suits. ...
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