Monday, January 04, 2010 11:07:13 AM
Per Bopfan, as long as the lawyers/accountants can keep A<L, the longer they can pressure JPM & FDIC with the fraudulent conveyance discovery through the courts, which they are in the process of doing now.
With the disputed $3.7B already accounted for on the books, the NOL tax refunds may not be added until they work out a settlement. It's hard to be patient but we all know the money & claims are there; the accountants will add when it's time to make A>L.
http://www.caddenfuller.com/CM/Articles/Articles38.asp
There are two types of fraudulent transfers in bankruptcy law. The first, actual fraud, involves the intent to defraud creditors, the other, sometimes called constructive fraud, involves a transfer, which is made in exchange for grossly inadequate consideration.
Constructive fraud also requires two conditions: 1) in exchange for the transfer, the debtor received less than “reasonably equivalent value”, and; 2) the debtor is unable to pay debts either at the time the transfer was made or as a result of the transfer itself. In this case, intent need not be proven rather the focus of the inquiry rests on whether the debtor received reasonably equivalent value.
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