Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 2008 financial crisis (1)
- Bank account (1)
- Bankrupt estate (1)
- Bankruptcy (1)
- Breach of contract (1)
-
- Breach of fiduciary duty (1)
- Checking account (1)
- Defined benefit (1)
- Defined contribution (1)
- Defraud (1)
- Department of Labor fiduciary rule (1)
- Deposit (1)
- Depositor (1)
- Diminish (1)
- Employee Retirement Income Security Act of 1974 (1)
- Fiduciary contract (1)
- Fiduciary standards (1)
- Fifth Circuit (1)
- Fraudulent (1)
- Fraudulent transfer (1)
- Hugler (1)
- Individual responsibility model (1)
- Insolvent (1)
- New best interest (1)
- Ponzi scheme (1)
- Preference (1)
- Private rights of action (1)
- Regulating retirement (1)
- Retail investment (1)
- Retail investor (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Unlimited Liability For Banks: Deposits As Fraudulent Transfers, Katherine Zampas
Unlimited Liability For Banks: Deposits As Fraudulent Transfers, Katherine Zampas
St. Mary's Law Journal
One of a trustee’s most valuable resources in bankruptcy proceedings is his avoidance powers. A trustee is charged with the duty to recover and recapture any property wrongfully removed from the estate by way of fraudulent transfer or preference. In some cases, a trustee has attempted to treat a debtor’s deposit into a bank account as a transfer, rendering it subject to his avoidance powers. Such a result will leave banks collaterally responsible as a transferee for a debtor’s conduct despite their lack of culpability and control over the funds.
The definition of transfer within the Bankruptcy Code is comprehensive …
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher
St. Mary's Law Journal
Abstract forthcoming