One of the principles of odious debt is similar to what's called
fraudulent conveyance in the United States.
Not exact matches
Granted, a case could be made for
fraudulent conveyance, but try proving that
in the courts against the private buyers» legal team.
In the real world, it gets called
fraudulent conveyance.
This was the first of many pieces arguing against
fraudulent conveyance, which was attempted, but thwarted
in the courts.
Mr. Myrtetus also has experience
in commercial litigation matters including forfeiture proceedings,
fraudulent conveyances, boundary line disputes, partition, construction disputes, and related claims.
Any ethical practitioner knows that you must be careful that your client does not engage
in fraudulent conveyances.
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in order to defraud the soon to be ex-spouse, the transfer may be rescinded by the court as being a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.
Won dismissal of
fraudulent conveyance litigation against a major financial institution
in an influential decision affirmed by the U.S. Court of Appeals for the Third Circuit
Leading litigator for Citibank
in connection with the Chapter 11 bankruptcy of LyondellBasell, the world's third - largest chemical company, including
in the multibillion dollar
fraudulent conveyance lawsuit brought against Citibank and other lenders by unsecured creditors
Our financial services litigators handle financial services class actions
in federal and state courts; bad faith litigation; interpleader cases; trust litigation, escrow arrangements and garnishments; general contract disputes and alleged statutory violations; loan modifications, bad loans and other matters arising from lender - borrower relationships; bankruptcy litigation, including preference and
fraudulent conveyance claims; and management of electronic data discovery
in large, complex cases.
San Francisco Partner Meryl Macklin and Los Angeles Partner Sharon Weiss and Counsel Rosario Vizzie hosted a webinar Dec. 7 on the litigation bankruptcy and
fraudulent conveyance issues
in M&A deals.
In addition, they discussed actual and constructive
fraudulent conveyance basics and due diligence steps to head off these potentially dangerous post-closing challenges.
The British Columbia
Fraudulent Conveyance Act is a statute designed to give a remedy to creditors frustrated
in collecting their debts by a debtor who has disposed of his / her assets.
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.
Tags: Financial Abuse, Fraud,
Fraudulent Conveyance,
Fraudulent Transfer, unjust enrichment Posted
in Fiduciary, Financial Abuse, Probate Litigation
The Court noted that, under the
fraudulent conveyance law, a transfer is
fraudulent if it is made
in order to hinder or defraud a creditor.
El - Aref International Law Office successfully defended a corporation and its affiliates
in a successful defense of a
fraudulent conveyance and breach of fiduciary duty lawsuit brought by unpaid creditors,
in which the plaintiff had sought to recover more than 6 million USD
These enforcement procedures include: Examination
in Aid of Execution, Garnishment, Seizure and Sale, Sequestration, Writ of Possession, Freezing Assets After Judgment and Setting Aside
Fraudulent Conveyances.
We are experienced
in determining whether or not a debtor has assets, the location of assets, whether they have been fraudulently conveyed or hidden, or dealt with by the debtor contrary to the statutory provisions of the Assignments and Preferences Act, R.S.O. 1990, c. A. 33 and / or
Fraudulent Conveyances Act, R.S.O. 1990, c. F. 29, and providing an assessment of viability of recovery of the debt.
Ms. Berardi successfully tried a case involving a
fraudulent conveyance of commercial property
in the Massachusetts Land Court and secured ownership of the property
in question for her client despite the fact that the
fraudulent deed had been recorded and the
fraudulent grantee had moved into, and was operating a business out of, the property.
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.
Represented judgment creditors
in federal
fraudulent conveyance action arising out of $ 28.5 million federal judgment
In the alternative, they sought to stay the
fraudulent conveyance and punitive damages.
A significant component of our litigation portfolio consists of breach - of - contract disputes between businesses and representation of creditors of all types
in avoidance action litigation, including preference,
fraudulent conveyance, and other lender - liability actions.
The defendants argued that joining the
fraudulent conveyances action with the personal injury action would unduly lengthen the proceedings, and that they should be heard
in separate trials.
A lawyer must not engage
in any activity that the lawyer knows or ought to know assists
in or encourages any dishonesty, crime or fraud, including a
fraudulent conveyance, preference or settlement.
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. 1990
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. 1990
Fraudulent Conveyances Act, R.S.O. 1990, c. F. 2; and the Absconding Debtors Act, R.S.O. 1990, c. A. 2.
Specifically, the office will be testing blockchain applications of property title transfer and a system for filing liens; compatibility between a blockchain and a traditional, server - based setup;
fraudulent use prevention and
conveyances of vacant property
in Chicago.
The Cook County Recorder's Office will be testing applications of blockchain for filing liens, prevention of
fraudulent use,
conveyances of vacant property
in Chicago and compatibility between a blockchain and traditional server - based setup.