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LSDefine

Simple English definitions for legal terms

fraudulent transfer

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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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starfishies
16:27
is that fr ive never heard that before thats kinda wild
starfishies
16:27
this cycle is crazy i feel like double deposit is warranted in a lot of cases
[] c0bra1
16:28
id be down to double to get more time to choose but i think for the factors that i listed it would be unlikely for those to change in a significant way
[] c0bra1
16:28
from what ive understood villanova's 3rd market is nyc but the philly ip market is a little small, most of the ppl i talked to had WE in tech first and thats how they got related roles in 1L/2L
[] c0bra1
16:29
they're just so similar on the balancing scale that im second guessing in case im overtly wrong on one of them...but then again all my friends say to quit whining and pick cardozo lol
starfishies
16:30
ngl still a tough decision
starfishies
16:30
but if youre trying to end up in nyc ultimately it seems like the more obvious answer
[] c0bra1
16:31
yeahh thats what it keeps boiling down to lol
[] c0bra1
16:31
i think it would be easier for me to pick nova if the col in nyc wasn't something i was ready for but that's not a problem for me
starfishies
16:31
okay money man
[] c0bra1
16:31
more like i anticipated a way better application and intended to get into fordham lol
starfishies
16:31
you have until the 15th right i feel like u already know what your answer is
[] c0bra1
16:31
yeaaa
starfishies
16:31
i also have a weekly deposit meltdown its okay
[] c0bra1
16:31
hence why i do this little dance every weekend
[] c0bra1
16:32
LOL
starfishies
16:32
my family is sick of me
[] c0bra1
16:32
who knows maybe nyu will be so nice and let me in this week or next and then all my problems will be solved
starfishies
16:33
lol right same
17:05
im freaking out what if i dont get in anywhere
[] c0bra1
17:27
@uglyostrich: don't worry i called all your schools and they said you're getting into at least 2 places
CheeseIsMyLoveLanguage
17:37
Scroll down to commitments.
CheeseIsMyLoveLanguage
17:38
To me it seems that if you don't have all your responses yet (which all schools know it has been a crazy cycle), then you shouldn't be penalized if you put down a deposit, get a response from another school, and choose to go that direction. If the school is stinky about it, it seems you would have some recourse through LSAC
[] c0bra1
17:54
swag yeah thats cool i think ill most likely just deposit at dozo to save myself the constant back-and-forth on the decision -- i dont think ive had a conversation yet where i end up choosing nova despite my best to advocate for it lol
[] c0bra1
17:55
like i said earlier i think if the col was an issue for me id probably pick nova but my heart has always been set on ny and i think id be fine over there
18:37
@c0bra1: Cardozo is such a sleeper holy. Bro NYC Market > most other markets. If u wanna end in NY, it is such a good value prop
18:38
NYC is such a powerhouse of a city/region.
19:11
@c0bra1: tell villanova to let me innnn
[] c0bra1
20:35
@uglyostrich: calling them rn 📲
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