fraudulent transfer definition

fraudulent transfer fraudulent conveyance", or otherwise, all as though such payment or performance had not been made. Notwithstanding anything contained herein to the contrary, in the event that any payment, or any part thereof, is rescinded, avoided, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, avoided, reduced, restored or returned.
fraudulent transfer fraudulent conveyance" or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Notes shall, to the fullest extent permitted by law, be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned. No stockholder, member, partner, agent, officer, director, employee or incorporator, past, present or future, of any Guarantor, as such, shall have any personal liability under this Guarantee by reason of his, her or its status as such stockholder, member, partner, agent, officer, director, employee or incorporator. The Guarantors shall have the right to seek contribution from any non- paying Guarantor so long as the exercise of such right does not impair the rights of the Holders under this Guarantee.
fraudulent transfer means any of the following:

Examples of fraudulent transfer in a sentence

  • Fraudulent transfer instructions shall include fraudulent electronic, telegraphic, cable, facsimile, teletype, telephone or written instructions to debit such account and to transfer, pay or deliver funds from such account and which instructions purport to have come from the Member but which are fraudulently transmitted or issued by a third party, are a forgery or fraudulency altered by a third party.

  • Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.

  • Id.Discussion Florida’s Uniform Fraudulent Transfer Act Fraudulent transfer claims under Florida law arise under the Florida Uniform Fraudulent Transfers Act (“FUFTA”), Fla.

  • Fraudulent transfer rules can, then, serve as a nominal safeguard for a surviving spouse’s financial interests.

  • Fraudulent transfer is voidable at the option of creditor and transferee.

  • Fraudulent transfer under § 548(e)(1) The BHT Trustee argues that the Trust Code provides a complete bar to the Trustee’s claims under § 548(e) as a matter of law.

  • Fraudulent transfer laws invalidate certain transactions that either harm creditors or make it more difficult for them to monitor assets.88 Because there is no value-creating justification here, prohibit- ing these transactions might be favored.

  • Fraudulent transfer law generally allows creditors to set aside or “avoid” transactions which improperly deplete a debtor’s assets.

  • Fraudulent transfer law is a key component of investor protection against fraud.

  • Fraudulent transfer theory applied against transferees of Taxpayer facing FBAR penalties, United States v.


More Definitions of fraudulent transfer

fraudulent transfer means a fraudulent conveyance or fraudulent transfer under §548 of the Bankruptcy Code or a fraudulent conveyance or fraudulent transfer under the provisions of any applicable fraudulent conveyance or fraudulent transfer law or similar law of any state, nation or other governmental unit, as in effect from time to time.
fraudulent transfer means any transfer, sale, exchange, payment or other conveyance of any nature, direct or indirect, which may be deemed a fraudulent transfer pursuant to either the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S.A. ss. 5-101 to ss. 5-110, or ss. 548 of the Bankruptcy Code.
fraudulent transfer or "fraudulent conveyance" under applicable law.

Related to fraudulent transfer

  • fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition.

  • Corrupt and Fraudulent Practices means either one or any combination of the practices given below;

  • fradulent practice means a misrepresentation or omission of facts in order to influence a procurement process or the execution of contract;

  • Insolvency with respect to any Multiemployer Plan, the condition that such Plan is insolvent within the meaning of Section 4245 of ERISA.

  • Conveyance shall have the meaning specified in Subsection 2.01(a).

  • Bankruptcy means, with respect to any Person, if such Person (i) makes an assignment for the benefit of creditors, (ii) files a voluntary petition in bankruptcy, (iii) is adjudged a bankrupt or insolvent, or has entered against it an order for relief, in any bankruptcy or insolvency proceedings, (iv) files a petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation or similar relief under any statute, law or regulation, (v) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against it in any proceeding of this nature, (vi) seeks, consents to or acquiesces in the appointment of a trustee, receiver or liquidator of the Person or of all or any substantial part of its properties, or (vii) if 120 days after the commencement of any proceeding against the Person seeking reorganization, arrangement, composition, readjustment, liquidation or similar relief under any statute, law or regulation, if the proceeding has not been dismissed, or if within 90 days after the appointment without such Person’s consent or acquiescence of a trustee, receiver or liquidator of such Person or of all or any substantial part of its properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any such stay, the appointment is not vacated. The foregoing definition of “Bankruptcy” is intended to replace and shall supersede and replace the definition of “Bankruptcy” set forth in Sections 18-101(1) and 18-304 of the Act.

  • Bankruptcy Law means Title 11, U.S. Code, or any similar federal or state law for the relief of debtors.

  • Insolvency Law means the Bankruptcy Code and all other applicable liquidation, conservatorship, bankruptcy, moratorium, rearrangement, receivership, insolvency, reorganization, suspension of payments and similar debtor relief laws from time to time in effect affecting the rights of creditors generally.

  • former Act means the Companies Act or the International Business Companies Act;

  • Repudiation/Moratorium means the occurrence of both of the following events:

  • Bankruptcy Code means Title 11 of the United States Code entitled “Bankruptcy,” as now and hereafter in effect, or any successor statute.

  • Bankruptcy Laws has the meaning specified in Section 10.9.

  • Reorganization with respect to any Multiemployer Plan, the condition that such plan is in reorganization within the meaning of Section 4241 of ERISA.

  • Insolvency Laws The Bankruptcy Code and all other applicable liquidation, conservatorship, bankruptcy, moratorium, rearrangement, receivership, insolvency, reorganization, suspension of payments, or similar debtor relief laws from time to time in effect affecting the rights of creditors generally.