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Fraudulent conveyance information


A fraudulent conveyance or fraudulent transfer is the transfer of property to another party to prevent, hinder, or delay the collection of a debt owed by or incumbent on the party making the transfer, sometimes by rendering the transferring party insolvent.[1] It is generally treated as a civil cause of action that arises in debtor/creditor relations, typically brought by creditors or by bankruptcy trustees against insolvent debtors, but in some jurisdictions there is potential for criminal prosecution.[2]

  1. ^ Black, Henry Campbell; Nolan, Joseph R.; Nolan-Haley, Jacqueline M. (1990). Black's Law Dictionary (6th ed.). St. Paul, Minnesota: West Publishing Co. ISBN 0-314-76271-X.
  2. ^ Davies, Kevin; Roy, Julian (1998). "Fraud in the Canadian courts: An unwarranted expansion of the scope of the criminal sanction". Canadian Business Law Journal. 30: 210. Retrieved 10 September 2017.

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Fraudulent conveyance

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A fraudulent conveyance or fraudulent transfer is the transfer of property to another party to prevent, hinder, or delay the collection of a debt owed...

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Creditor

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security interest. A creditor may generally ask a court to set aside a fraudulent conveyance designed to move the debtor's property or funds out of their reach...

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Fraudulent Conveyances Act 1571

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The Fraudulent Conveyances Act 1571 (13 Eliz. 1. c. 5), also known as the Statute of 13 Elizabeth, was an Act of Parliament in England, which laid the...

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Unfair preference

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An unfair preference has some of the same characteristics as a fraudulent conveyance, but legally they are separate concepts. There is not normally any...

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Fraudulent trading

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transaction set aside as a fraudulent conveyance usually requires to the third party beneficiary to disgorge the benefit of the conveyance to undo the loss to...

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Charles Stanley Ross

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Castle from Malory to Macbeth, Elizabethan Literature and the Law of Fraudulent Conveyance: Sidney, Spenser, and Shakespeare, and a translation of Statius’...

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Conservatorship

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arrangement Avoidance regimes Fraudulent conveyance Undervalue transaction Unfair preference Voidable floating charge Offences Fraudulent trading Misfeasance Trading...

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Bona fide purchaser

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cause of action (a right to sue) against the party who made the fraudulent conveyance. In England and Wales and other jurisdictions following the 20th...

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Bankruptcy

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assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, and fee fixing or redistribution...

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Collection of judgments in Virginia

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has certain rights to set aside fraudulent conveyances and voluntary conveyances by the debtor. A fraudulent conveyance occurs where the debtor transfers...

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Insolvency

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arrangement Avoidance regimes Fraudulent conveyance Undervalue transaction Unfair preference Voidable floating charge Offences Fraudulent trading Misfeasance Trading...

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United Kingdom insolvency law

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debts were criminals, and required debtors to be imprisoned. The Fraudulent Conveyances Act 1571 ensured that any transactions by the debtor with "intent...

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Bulk sale

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be able to seize the goods to satisfy a debt. Under traditional fraudulent conveyance law, such a sale was not void against creditors unless it was made...

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Bankruptcy in the United States

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business contacts of the debtor. Bankruptcy fraudulent transfer law is similar in practice to non-bankruptcy fraudulent transfer law. Some terms, however, are...

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Insolvency law of Canada

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notable caveats) absconding debtors bulk sales (in Ontario only) fraudulent conveyances relief of creditors seizure of assets assignments and preferences...

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Liquidation

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against errant directors or shadow directors for either wrongful trading or fraudulent trading. The liquidator may also have to determine whether any payments...

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Writ

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Renaissance Drama 158; Ross, Elizabethan Literature and the Law of Fraudulent Conveyance, 2003, p 26. As to the meaning of "cattle" generally, see for example...

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Purdue Pharma

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Sacklers knew litigants would be pursuing Purdue's funds and committed fraudulent conveyance. In September 2019, the office of the New York Attorney General...

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Isaac Perlmutter

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relationship with Coleco's management, sued Perlmutter alleging fraudulent conveyance over the barter advertising credits (which made up a very significant...

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Insolvency practitioner

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arrangement Avoidance regimes Fraudulent conveyance Undervalue transaction Unfair preference Voidable floating charge Offences Fraudulent trading Misfeasance Trading...

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Pari passu

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arrangement Avoidance regimes Fraudulent conveyance Undervalue transaction Unfair preference Voidable floating charge Offences Fraudulent trading Misfeasance Trading...

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3dfx

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challenged 3dfx's sale of its assets to Nvidia as an allegedly fraudulent conveyance. On November 6, 2014, in an unpublished memorandum order, the U...

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Quiet title

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the new possessor sues to obtain title in his or her own name; fraudulent conveyance of a property, perhaps by a forged deed or under coercion; Torrens...

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