“Actual intent” to defraud must be proven by clear and convincing evidence. The burden of proving actual intent is on the party seeking to set aside the conveyance. In general, a party pleading a cause of action for fraudulent conveyance must allege specific facts, including, among other things, the identity of the specific transactions or conveyances that the plaintiff alleges were fraudulent. Very conveyance made … with actual intent … to hinder, delay, or defraud either present or future creditors, is fraudulent.… Whether the debtor transfers assets with intent to defraud or without fair consideration, the DCL provides creditors with a number of remedies. New York creditors often look to the Debtor and Creditor Law (the “DCL”), as well as the common law, to recover assets that have been (or may be) transferred by debtors to another party. Anti-Retaliation Under The SEC And CFTC Whistleblower Programsįraudulent Conveyance Claims Dismissed For Failure to Plead Fraud With Particularity Print Article.The Confidentiality Protections Under The SEC/CFTC Whistleblower Program.
The Whistleblower’s Information Must Lead To a Successful Enforcement Action.The Whistleblower Must Voluntarily Provide Original Information.The Process of Submitting A Whistleblower Claim.Eligibility Under The IRS Whistleblower Program.The Anti-Retaliation Provisions Of The False Claims Act.What to Expect When Blowing The Whistle.
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