Topic Archives: Fraudulent conveyance

Fraudulent Conveyance in Dynegy

September 20, 2011 – 11:27 pm

From xtract research 9/20/11 There are two types of fraudulent transfers under the Delaware Fraudulent Transfer Act. The first, actual fraud, requires actual intent to hinder, delay or defraud any creditor. Actual intent is very difficult to prove, and we don’t believe, it can be successfully argued here. The second, constructive fraud, requires the holders […]

Fraudulent conveyance in TOUSA case

June 29, 2011 – 11:23 pm

Distressed Debt Investing Website 06/29/11 This week we are going to be discussing fraudulent conveyance. Section 548 of the bankruptcy code deals with transactions that are fraudulently made. While malicious transfers are also dealt with in the bankruptcy code (i.e. doing something purposefully to malign creditors), we are going to be focusing on the more […]