InvestorsHub Logo
Followers 72
Posts 9170
Boards Moderated 0
Alias Born 09/30/2006

Re: None

Saturday, 01/03/2009 10:06:18 PM

Saturday, January 03, 2009 10:06:18 PM

Post# of 733913
In the United States, fraudulent conveyances or transfers[1] are governed by two sets of laws that are generally consistent. The first is the Uniform Fraudulent Transfer Act[2] ("UFTA") that has been adopted by all but a handful of the states.[3] The second is found in the federal "BANKRUPTCY CODE".[4]

There are two kinds of fraudulent transfer. The archetypal example is the intentional fraudulent transfer. This is a transfer of property made by a debtor with intent to defraud, hinder, or delay his or her creditors.[5]

The second is a constructive fraudulent transfer. Generally, this occurs when a debtor transfers property without receiving "reasonably equivalent value" in exchange for the transfer if the debtor is insolvent[6] at the time of the transfer or becomes insolvent or is left with unreasonably small capital to continue in business as a result of the transfer.[7] Unlike the intentional fraudulent transfer, NO INTENTION TO DEFRAUD IS NECESSARY.

The Bankruptcy Code authorizes a bankruptcy trustee to recover the property transferred fraudulently[8] for the benefit of all of the creditors of the debtor[9] if the transfer took place within the relevant time frame."


[WMI lawyers dont need to prove intention to defraud but just show that transfer of WM Bank left holding co. with small capital to continue business.
This should not be hard to do!!!]
Volume:
Day Range:
Bid:
Ask:
Last Trade Time:
Total Trades:
  • 1D
  • 1M
  • 3M
  • 6M
  • 1Y
  • 5Y
Recent COOP News