A Treatise On the Law And Practice of Bankruptcy, Under the Act of Congress of 1898, And Its Amendments
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Am. Bankr. Rep. 158 ; Jacobs v. Van 2 70 Bankruptcy Act 1898, § lid. And Sickel, 123 Fed. 340, 10 Am. Bankr. Rep.
985 FRAUDULENT CONVEYANCES VOIDABLE BY TRUSTEE § 466 A purpose to hinder or defraud creditors, and knowledge thereof on the part of the transferee, cannot be presumed from the bare fact of a con- veyance of property by one who was then insolvent and afterwards becomes bankrupt,*'"' though proof of highly suspicious facts in con- nection with the transfer or in the conduct of the par...ties may make out a prima facie case of fraud.*'* But the fact alone that a sale is made out of the usual course of business of the debtor is not sufficient to stamp the transaction as fraudulent, though it may be a badge of fraud, depending for its effect on the surrounding facts.*'* In this connec- tion, the trustee is entitled to" avail himself, in like manner as any judgment creditor, of a decree of a state court declaring the transfer or conveyance by the debtor to have been fraudulent and void,*'® and every declaration of the bankrupt in reference to defrauding his credi- tors and acts on his part showing the nature and intent of the fraudu- lent scheme are admissible where a prima facie case of conspiracy is made out.*'* And it may be shown that, eight days after another sale made a month before the sale in question, a secret agreement was en- tered into between the parties whereby the vendor was reinvested with an interest in the property sold.*" But evidence of transactions with others than the transferee in question, proper to be considered in deter- 5X9 ; Benton v.
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To quickly assess the difficulty of the text, read a short excerpt:
Am. Bankr. Rep. 158 ; Jacobs v. Van 2 70 Bankruptcy Act 1898, § lid. And Sickel, 123 Fed. 340, 10 Am. Bankr. Rep.
985 FRAUDULENT CONVEYANCES VOIDABLE BY TRUSTEE § 466 A purpose to hinder or defraud creditors, and knowledge thereof on the part of the transferee, cannot be presumed from the bare fact of a con- veyance of property by one who was then insolvent and afterwards becomes bankrupt,*'"' though proof of highly suspicious facts in con- nection with the transfer or in the conduct of the par...ties may make out a prima facie case of fraud.*'* But the fact alone that a sale is made out of the usual course of business of the debtor is not sufficient to stamp the transaction as fraudulent, though it may be a badge of fraud, depending for its effect on the surrounding facts.*'* In this connec- tion, the trustee is entitled to" avail himself, in like manner as any judgment creditor, of a decree of a state court declaring the transfer or conveyance by the debtor to have been fraudulent and void,*'® and every declaration of the bankrupt in reference to defrauding his credi- tors and acts on his part showing the nature and intent of the fraudu- lent scheme are admissible where a prima facie case of conspiracy is made out.*'* And it may be shown that, eight days after another sale made a month before the sale in question, a secret agreement was en- tered into between the parties whereby the vendor was reinvested with an interest in the property sold.*" But evidence of transactions with others than the transferee in question, proper to be considered in deter- 5X9 ; Benton v.
What to read after A Treatise On the Law And Practice of Bankruptcy, Under the Act of Congress of 1898, And Its Amendments?
You can find similar books in the "Read Also" column, or choose other free books by Black, Henry Campbell, 1860-1927 to read onlineMoreLess
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