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Simple English definitions for legal terms

fraudulent transfer

Read a random definition: continuity-of-enterprise doctrine

A quick definition of fraudulent transfer:

Term: Fraudulent Transfer

Definition: Fraudulent transfer is when someone gives away or sells something for less than it is worth to hide it from the people they owe money to. For example, if someone gives their car to a family member to keep it from being taken by the people they owe money to. If this happens, the person who is owed money can try to get the thing back and sell it to pay off the debt.

A more thorough explanation:

Fraudulent transfer or conveyance is a term used in bankruptcy cases. It refers to the transfer of property to another person for less than its actual value. This is done to hide the property from the bankruptcy trustee. For example, if a debtor signs over a car to a relative to keep it out of the bankruptcy estate, it is considered a fraudulent transfer.

When a transfer is deemed fraudulent, the trustee can recover the property and sell it to benefit the creditors. According to United States v. Frykholm, a conveyance is fraudulent when the debtor receives less than a reasonably equivalent value in exchange for the transfer or obligation. Additionally, the debtor must have been insolvent on the date of the transfer or become insolvent as a result of it.

Example 1: John owes a large amount of money to his creditors and is considering filing for bankruptcy. To avoid losing his expensive watch, he gives it to his friend for safekeeping. This is a fraudulent transfer because John transferred the watch for less than its actual value to hide it from the bankruptcy trustee.

Example 2: Sarah is facing financial difficulties and is considering filing for bankruptcy. She decides to sell her car to her sister for $1,000, even though the car is worth $10,000. This is also a fraudulent transfer because Sarah transferred the car for less than its actual value to hide it from the bankruptcy trustee.

These examples illustrate how a debtor may attempt to hide assets from the bankruptcy trustee by transferring them to someone else for less than their actual value. This is considered fraudulent and can result in the recovery and sale of the property to benefit the creditors.

fraudulent misrepresentation | Fraudulent Transfer Act

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PuppyBot
11:47
why does everyone want to be a lawyer
PuppyBot
11:47
jacking my style all of a sudden
cumsock
11:49
"But I also want to end on this note. Don't be afraid of being wrong. And what I mean by that is, being wrong about a school. I applied to Princeton coming out of high school and didn't get in. I ended up going to Vanderbilt. I could never see myself having gone anywhere but Vanderbilt." -Spivey
cumsock
11:49
this type of advice makes me so pissed like brotha
Trismegistus
11:50
why
11:51
omg another penn
11:51
its happening
@shaquilleoatmeal: I am now 31 and in group chats with people in their 50s and in their early 20s, as long as it isn't something weird being in the meme chat is chill
Trismegistus
11:51
are people fucking with me or what
siroracle
11:51
The crux of the advice is apply to worse schools and take what ya get
Trismegistus
11:52
does penn call or update to portal/ email?
cumsock
11:52
@Trismegistus: cus how does not getting into the best school in the country and "settling" for one of the most prestigious schools in vandy help anyone realistically
@Trismegistus: ^^^^
11:52
p sure they call
cumsock
11:52
ig it only helps people who are ab to jump off a bridge if they dont get into YLS
Trismegistus
11:53
@cumsock: yeah, im not sure really, i think it's just that, life is what you make it, peace with your fate once it happens? idk, i agree with you though
HopefullyInLawSchool
11:53
Another day another dollar
@cumsock: yeah lmao guy is such a prick, my bad i had to settle for vandy
lilypadfrog
11:54
he is a terrible writer. his personal writing blog is shockingly bad
@lilypadfrog: are there flowers on your lily pad?
11:55
how was your first day of classes @knowledge
@KnowledgeableRitzyWasp: what are legit side hustles you have seen people do in LS?
lilypadfrog
11:56
LSAT tutoring
That is not an option for me lmao
lilypadfrog
11:57
@KnowledgeableRitzyWasp: yeah there are a couple thanks for asking
HopefullyInLawSchool
11:57
Guys this UPenn wave looks fake
11:57
I genuinely hate places that call because it turns things into a day-long stress instead of just being like oop I didn't get an email oh well
Trismegistus
11:58
how does it look fake
pleasepleasepleas
11:58
does Michigan call or email?
TackyProudYogurt
11:58
I have missed every A call I have received because I have a job and they all call at like 11 am
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