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Full-Text Articles in Estates and Trusts
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 …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.