Sentences with phrase «as fraudulent conveyances»

1st Technology filed a federal lawsuit against BEGSA and these other entities, asking the court to set aside the later transfers as fraudulent conveyances.

The plaintiff also alleges that before abandoning the lease, Dynasty transferred funds and assets to various corporations and individuals and claims a declaration that Dynasty's alleged transfer of monies, assets, business and opportunities from itself to the co-defendants Polar Spas Ontario Inc. and 732311 Alberta Ltd., and its transfer of monies or assets to the defendant Williams and to the co-defendants Marsall Brent and Ken Nikel are void as against Dynasty's creditors as fraudulent conveyances.

The banks could force repayment, and if I were a leading bondholder (calling the major life insurers), I would have one of my lawyers make a courtesy call to MBIA's lawyers, and suggest that any payment of bonuses could be viewed as fraudulent conveyance.

The trial judge concluded unjust enrichment, used the value received and value survived methods to award damages of about 1/4 of the appellants» net estate ($ 190,000), and set aside the trust agreement as a fraudulent conveyance.

Not exact matches

[13] The applicants took the position that by seeking to enforce the collateral mortgages, 231 and the Waltons were attempting «to make 14 College Street and 66 Gerrard liable for mortgages that were granted without consideration to the corporate owners», and the applicants sought to declare both charges void as against them and others pursuant to section 2 of the Fraudulent Conveyances Act.

For example, it might be possible to transfer assets into a family limited partnership that has both estate planning and asset protection benefits however, if moving such assets into a Family Limited Partnership or Trust is designed to remove the asset out of the marital estate in contemplation of divorce in order to defraud the soon to be ex-spouse, the transfer may be rescinded by the court as being a fraudulent conveyance.

To have offered the advice the plaintiff claimed he should have given would have been illegal and unethical, as such a course of action would have been contrary to the Fraudulent Conveyances Act and the Bankruptcy and Insolvency Act.

When marital property is in the hands of third parties, either by fraudulent conveyance, dissipation, or because a distinct entity such as a trust or corporation is owned by the parties, the best practice is to join the third party as a party to the divorce suit.

But, here, two of the Second Circuit's active judges ruled against Marblegate, the dissent was by a senior judge who can not vote on an en banc petition, and the Second Circuit has historically granted fewer en banc rehearings than any other circuit court.5 Other avenues could include Marblegate filing a petition for a writ of certiorari with the US Supreme Court and / or pursuing other federal or state law remedies, including state law theories of successor liability or fraudulent conveyance against the new EDMC subsidiary, theories that the Second Circuit noted as potential causes of action but did not analyze.

Representing UBS as lead agent on the $ 8bn contested DIP financing in Lyondell Chemical Company's Chapter 11 case, and as defendant in a $ 1.6 bn fraudulent conveyance litigation arising out of the Lyondell / Basell merger.

In addition, the potentially liable spouse must be advised about conveying property to others, as doing so may be a fraudulent conveyance.

Our firm has experience in attacking fraudulent conveyance and preferences, including by using Ontario legislation such as the Assignments and Preferences Act, R.S.O. 1990, c. A. 33; the Fraudulent Conveyances Act, R.S.O. 1990, c. F. 2; and the Absconding Debtors Act, R.S.O. 1990fraudulent conveyance and preferences, including by using Ontario legislation such as the Assignments and Preferences Act, R.S.O. 1990, c. A. 33; the Fraudulent Conveyances Act, R.S.O. 1990, c. F. 2; and the Absconding Debtors Act, R.S.O. 1990Fraudulent Conveyances Act, R.S.O. 1990, c. F. 2; and the Absconding Debtors Act, R.S.O. 1990, c. A. 2.

However, «As noted above, such policies are normally exempt, but are vulnerable to a fraudulent conveyance claim.