29 ms·
If its a "fraudulent transfer" its a crime (or at least a "civil wrong"). - http://en.wikipedia.org/wiki/Fraudulent_conveyance http://en.wikipedia.org/wiki/Fra
by teachingaway 12y ago
If its a "fraudulent transfer" its a crime (or at least a "civil wrong").
- http://en.wikipedia.org/wiki/Fraudulent_conveyance http://en.wikipedia.org/wiki/Fraudulent_conveyance
- http://www.law.cornell.edu/uscode/text/11/548 http://www.law.cornell.edu/uscode/text/11/548
If a company pays its investors in an attempt to avoid a debt, the investors may have to return the cash in bankruptcy court. "Piercing the corporate veil" isn't necessary. (Caveat: I am a lawyer, but not a bankruptcy lawyer, and I don't really know what I'm talking about here).
edit: dragonwriter nailed it with "unfair preference"... "fraudulent conveyance" must be something else.
- dragonwriter 12y ago> edit: dragonwriter nailed it with "unfair preference"... "fraudulent conveyance" must be something else. Well, "fraudulent conveyance" would seem to be the right tort if it is a tort; "unfair preference" would be a possible grounds for disgorgement even if the elements of fraudulent conveyance weren't met. Either would seem possible in the scenario described.