By Andrew R. Schwartz | Published May 30, 2019 | Posted in Collections, Creditors | Tagged Tags: bankruptcy, constructive fraud, Fraudulent Transfers, stock options, stocks, Uniform Fraudulent Transfer Act | Comments Off on Fraudulent Intent Not Always Necessary to Unwind an Improper Transaction
Fraudulent Intent Not Always Necessary to Unwind an Improper Transaction
Creditors may use Illinois’ Uniform Fraudulent Transfer Act (IUFTA) to recover funds improperly shifted by a debtor to a third party.
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Business Oppression Case Divides Family-Owned Construction Company
A major construction company with Illinois roots has demonstrated that serious “business oppression” conflicts can happen even in family-run businesses.
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Chicago Police and Fire Pension Trustees Seek to Intercept Funds
For years, local governments in Illinois have had trouble balancing their budgets. Several struggling local governments have either failed to make public pension fund contributions, or paid far less than what they owe.
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Employing the Confession of Judgment in Illinois
Confession-of-judgment clauses let creditors circumvent the normal judicial process and obtain a judgment. Promissory notes, guaranties and other contracts may include them.
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Mr. Schwartz and Mr. Kanyock IICLE chapter on fraudulent transfer litigation
Litigating the Suit to Set Aside a Fraudulent Transfer.
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When Should I Use an Out-of-Jurisdiction Lawyer?
Federalism presents numerous positive aspects. But if you’re an attorney who must reach across state lines to resolve a case, our federal system does not exactly roll out the welcome mat.
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How Attorneys Collect Court Judgments Across State Lines
After fighting for years to win a judgment, many attorneys find themselves facing a second — and equally difficult — fight to collect the judgment.
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Unwinding Fraudulent “Estate Planning” Transfers
The lack of reasonably equivalent value in return for the transfer of an asset common indicates that a fraudulent transfer has occurred.
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ESI Discovery Issues in Business Litigation
Electronically stored information (ESI) has revolutionized the business world. Unfortunately, the law has not entirely caught up.
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Injunctive Relief for Anticipatory Breach of Contract in the Wrigley Rooftops Lawsuit
Most contract litigation occurs after a breach, when the harm has already occurred. In such cases, the remedy can include monetary damages for losses and equitable relief to prevent future losses.
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