Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Appraisal guide (1)
- Appraisal tips (1)
- Appraising (1)
- Art appraisal (1)
- Bank account (1)
-
- Bankrupt estate (1)
- Bankruptcy (1)
- Checking account (1)
- Defraud (1)
- Deposit (1)
- Depositor (1)
- Diminish (1)
- Divorce (1)
- Expert testimony (1)
- Fraudulent (1)
- Fraudulent transfer (1)
- How appraisals work (1)
- Improper appraisal (1)
- Insolvent (1)
- Item appraisal (1)
- Litigation (1)
- Ponzi scheme (1)
- Preference (1)
- Property appraisal (1)
- Real-world examples of appraisals (1)
- Settlement (1)
- Standards for appraisals (1)
- Standards for appraising (1)
- Transfer (1)
- Trustee’s avoidance (1)
Articles 1 - 2 of 2
Full-Text Articles in Bankruptcy Law
Appraising Problems, Not Stuff, Chad J. Pomeroy
Appraising Problems, Not Stuff, Chad J. Pomeroy
St. Mary's Law Journal
Abstract forthcoming.
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 …