Bankruptcy Developments for Workout Officers and Lenders CounselPractising Law Institute, 1991 - Bankruptcy |
From inside the book
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Page 190
... insolvent and that no member in the corporate group would receive fair consideration . Under the pertinent Provisions of the UFCA , a " constructive fraud " occurs when a conveyance is made or an obligation is incurred without " fair ...
... insolvent and that no member in the corporate group would receive fair consideration . Under the pertinent Provisions of the UFCA , a " constructive fraud " occurs when a conveyance is made or an obligation is incurred without " fair ...
Page 517
... insolvent at that time or became insolvent as a result of the transaction . UFTA S 5 ( a ) . Section 5 ( b ) adds a new category of fraudulent transfer and prohibits a transfer to an insider for an antecedent debt if the debtor was ...
... insolvent at that time or became insolvent as a result of the transaction . UFTA S 5 ( a ) . Section 5 ( b ) adds a new category of fraudulent transfer and prohibits a transfer to an insider for an antecedent debt if the debtor was ...
Page 518
... insolvent partnership for less than fair consideration is omitted in the UFTA as redundant . See UFTA Prefatory Note . Furthermore , a provision that categorically condemns as fraudulent a transfer made or obligation incurred by an ...
... insolvent partnership for less than fair consideration is omitted in the UFTA as redundant . See UFTA Prefatory Note . Furthermore , a provision that categorically condemns as fraudulent a transfer made or obligation incurred by an ...
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5th Cir action adequate protection Agent amount appeal apply approval assets Bank's Bankr Bankruptcy Code bankruptcy court bankruptcy judge borrower breach cash collateral cert Chapter 11 Circuit claimant Commitment Letter committee Company contract Corp corporation counsel court held Credit Agreement cross-collateralization D'Oench debt debtor in possession debtor-in-possession financing equitable subordination faith and fair FDIC federal fees fiduciary duty filing financing agreement financing order fraud fraudulent conveyance granted hereunder holder incurred inequitable conduct insider insolvent Interim Financing issue Kham & Nate's Lead Bank lender liability lending letter of credit leveraged buyout lien loan agreement Loan Documents mortgage Nat'l Bank negotiations notice NYLIC obligation obtain parties payment plan of reorganization post-petition prepetition priority promissory estoppel proposed purchase pursuant relationship Revco section 364 security interests shareholders Supp syndicate members transaction trustee UFTA unsecured creditors