Most Ponzi schemes come to court after the scheme has collapsed and the creditors seek recovery under bankruptcy legislation or provincial legislation dealing
with fraudulent conveyances or preferences.
Not exact matches
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
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.
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.
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.