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Re: WaS post# 52673

Saturday, 01/17/2009 6:34:47 PM

Saturday, January 17, 2009 6:34:47 PM

Post# of 729768
What's going on? Even Bopfan is now convinced WMI can't sue
under Fraudulent Constructive Transfer? I really thought this is our ace.

Under Bankruptcy code, 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.

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 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.Unlike the intentional fraudulent transfer, no intention to defraud is necessary.


"One must be just, before one is generous."

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