Fraudulent Conveyance

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Fraudulent Conveyance

The transfer of property to another party in order to defraud a creditor. For example, if a person owes the bank for a loan for $15,000, the person may give or sell $15,000 worth of property to a relative, often while still maintaining use of the property, in order to prevent the bank from being repaid. Legally, fraudulent conveyance requires the intention to defraud a creditor.
References in periodicals archive ?
This event also aims to help you avoid common pitfalls and risk issues concerning fraudulent conveyances.
One contentious issue is the effect of a restraining notice when the debtor is alleged to have made fraudulent conveyances.
See generally Baird & Jackson, supra note 38 (arguing that the "inability of parties to opt out" of fraudulent conveyance law should limit its reach); Anthony Michael Sabino, Applying the Law of Fraudulent Conveyances to Bankrupt Leveraged Buyouts: The Bankruptcy Code's Increasing Leverage over Failed LBOs, 69 N.
For present purposes, we discuss two existing types of remedies: those that relate to voidable preferences and those that relate to fraudulent conveyances in the context of a leveraged buyout.
67) The latter is important to note as it begins the complex history of preferences and fraudulent conveyances that is later referenced in Stern and is currently confusing bankruptcy court litigants.
In addition to her transactional work, she represents clients in all aspects of contested matters and adversary proceedings, including claims litigation, fraudulent conveyances and any type of bankruptcy litigation.
Specifically, Lehman is asking Peck to reverse his dismissal of its claims to void certain guarantees made to JP Morgan as 'constructive fraudulent conveyances.
These uniform acts have provisions similar to the Bankruptcy Code for avoiding constructively fraudulent conveyances.
After a brief tour of the civil litigation system, the book offers an overview of asset protection planning, then covers fraudulent conveyances, planning for exempt assets, asset protection for spouses, and asset protection using corporations, domestic trusts, limited partnerships and LLCs, and foreign asset protection trusts.
So, all of the fraudulent conveyances might just get swept into oblivion, untouchable by normal suit.
Why did the problem of fraudulent conveyances seem so unmanageable?