Sentences with phrase «of fraudulent conveyance»

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

Responsible for developing litigation strategy for bankruptcy case, including pursuit of fraudulent conveyance claims against former owner while negotiating consensual liquidation process.

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

A large portion of Russia's international debts to commercial banks may be annulled under the U.S. laws of fraudulent conveyance.

[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.

We then took steps to amend the Statement of Claim to allege that the conveyance was void under section 2 of the Fraudulent Conveyances Act and that the Plaintiff was entitled to punitive damages for the defendant's attempt to fraudulently transfer his assets to avoid judgment.

This appeal is from an order awarding relief to the respondent under provisions of the Fraudulent Conveyances Act.

Not exact matches

Other important facets of debt investments include any covenants required of the debtor, events of default, recourse, prepayment provisions, fraudulent conveyance, underlying security, and many others.

One of the principles of odious debt is similar to what's called fraudulent conveyance in the United States.

The main reason for that is that few people ever experience a fraudulent conveyance of a title to a property.

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.

Example: fraudulent sworn statements or conveyances (transfers of property) without disclosure.

Even a gift could be a fraudulent conveyance if you were insolvent at the time of the transfer.

This was the first of many pieces arguing against fraudulent conveyance, which was attempted, but thwarted in the courts.

It seems that Connie Lee will be a subsidiary of Ambac Assurance, so fraudulent conveyance issues are probably dead.

Neal's business litigation experience has included the successful trial and arbitration of cases involving a broad spectrum of issues, including but not limited to the Uniform Commercial Code, «lender liability» law, fraudulent conveyance avoidance, preference avoidance, partnership disputes, state and federal securities law issues, business torts, and contract law.

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.

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

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.

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.

[T] hat it may involve numerous risks and dangers including, but not limited to: acts of God; civil unrest; terrorism; use of roads, trails, hotels, vehicles, boats or other means of conveyance that are not operated nor maintained to customary and usual standards; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the inadequacy of medical attention once provided; physical exertion for which I am not prepared; consumption of alcoholic beverages; or negligence (but not willful, fraudulent, or malicious conduct) on the part of DRI.

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.

Fraudulent Conveyance Act and Spouses Mawdsley v Meshen 2012 BCCA 91 is a case where the husband contested the BC will of his wife under the Wills Variation act of British Columbia.

Sexual Assault Victim Collects Judgement S. (GW) v. R. (WW) 2010 BCSC 1741 is a case alleging a fraudulent conveyance of assets from the plaintiff's stepfather, to his son, The stepfather had sexually abused the plaintiff for several years when she was very young.

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.

The Fraudulent Conveyance act permits a creditor to impugn or set aside a transfer of property, where... Read more

Mitchell Jenner v Saunders 2012 CarswellOnt 5299 is an Ontario Court of Appeal case that upholds a finding that the sale of a husband and wife's property was a fraudulent conveyance intended to defeat creditors.

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.

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.

Thereafter, the plaintiff commenced federal litigation against our client, alleging that our client was the Malaysian entity's «alter ego,» or alternatively, had received «fraudulent conveyances» of money and / or receivables from the Malaysian entity that should have been turned over to plaintiff to satisfy the default judgment.

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.

Defending «turnover» and «fraudulent conveyance» actions to recover alleged property of the bankruptcy estate transferred prior to the bankruptcy.

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.

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.

These representations include prosecution and defense of claims against directors and officers for breach of fiduciary duty and cases involving allegations of fraud, fraudulent conveyance and preference.

Following a fraudulent conveyances trial, Richard obtained a $ 100,000 punitive damages award; at the time one of the highest ever awarded.

Represented judgment creditors in federal fraudulent conveyance action arising out of $ 28.5 million federal judgment

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 defendant moved to strike the fraudulent conveyance allegations and claims for punitive damages from the Statement of Claim.

On behalf of the plaintiffs, we argued that the relevant limitation period under the Fraudulent Conveyances Act had begun to run and the plaintiffs were required to act expeditiously to protect that limitation period.

He found that trying the cases for the injuries and for the alleged fraudulent conveyance together would avoid a multiplicity of proceedings.

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 receiver claimed that, because salespeople at the brokerage learned of the deceitful activities of the company before the transactions had closed, the commissions constituted «fraudulent conveyances.»

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.

on Florida Forged Deeds: Foreclosure REO Properties Tempting Target for Fraudulent Conveyance of Homes to Innocent Buyers Via Fake Deeds

Comments Off on Florida Forged Deeds: Foreclosure REO Properties Tempting Target for Fraudulent Conveyance of Homes to Innocent Buyers Via Fake Deeds Tags: Florida Law, Florida Real Estate, Foreclosure defense attorney, Quiet Title, Title Insurance