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This article will discuss, in two parts, how real estate developers of projects large and small are experiencing an industry-wide slowdown as mortgage money dries up and construction loans default, and its ramifications on homeowner deposits in chapter 11 cases.
This is the final article in a four-part series discussing collusion in bankruptcy sales. Part I discussed the prohibition of collusion in bankruptcy sales under §363(n) of the Bankruptcy Code. Part II discussed the difference between permissible collaboration and impermissible collusion.
There’s a chap who sits at the end of the bar in my favorite pub, just around the corner from my brother’s Thames-side flat in London, who knows everything.
Part I of this four-part series discussed, in general terms, the prohibition of collusion in bankruptcy sales under section 363(n) of the Bankruptcy Code. Part II discussed the fine line separating permissible collaboration from impermissible collusion.
Does this sound familiar? A client contacts you, very upset. A debtor, often a former spouse, significant other or business partner, has filed for bankruptcy.
The term “fraudulent insolvency” needs explaining before we go any further: It is an insolvency either caused by or involving criminal acts. “Pure fraudulent insolvency” caused only by criminal acts—generally by fraudulent misrepresentation—is a form of insolvency practiced by suppliers of financial services or other intermediaries.
When looking for evidence of fraudulent intent, lack of good faith or lack of equivalent value, two recent cases involving fraudulent conveyance actions brought under §548 of the Bankruptcy Code remind us to look to words spoken and written by the parties contemporaneously with the transaction.
art I of this four-part series discussed, in general terms, the prohibition of collusion in bankruptcy sales under section 363(n) of the Bankruptcy Code. Part II discussed the fine line separating permissible collaboration from impermissible collusion.
This article is the second in a series of articles discussing 363(n) and collusion in bankruptcy sales. It will discuss the fine line between collusion and collaboration, and will explore the application of the specific elements of a 363(n) action.
