Author: Dewitt C. Moore

Publisher:

Published: 2015-08-05

Total Pages: 788

ISBN-13: 9781332225767

Excerpt from A Treatise on Fraudulent Conveyances and Creditors Remedies, Vol. 1 of 2: At Law and in Equity, Including a Consideration of the Provisions of the Bankruptcy Law Applicable to Fraudulent Transfer and the Remedies Therefor, and the Procedure of Trustees in Bankruptcy in Actions Either in State or Federal Courts for the Recovery The subject of fraudulent conveyances has been from the earliest times one of great interest to the public and to the legal profession. Notwithstanding the enlightened efforts of modern jurisprudence to remedy the evils growing out of the fraudulent acts of embarrassed, failing, or dishonest debtors and to devise means for the suppression of such practices, the reported cases involving fraudulent alienations and covinous schemes devised by debtors to defeat the just claims of their creditors are sufficient to demonstrate that this peculiar vice of society is in our day increasing rather than diminishing. The subject is, therefore, one of present and of great and far-reaching importance. The Bankruptcy Law now in operation can hardly be said to have proved effective in ameliorating this condition of affairs, and indeed it in no way lessens the value and importance, from a professional standpoint, of the fullest understanding of the established principles and rules of law pertaining to this subject. On the contrary, the Bankruptcy Law gives an added importance to a thorough knowledge of the law of fraudulent conveyances. The Bankruptcy Law makes a fraudulent transfer of his property by a debtor, if made within four months of the filing of a petition in bankruptcy, an act of bankruptcy, and declares such a transfer void, and if the transfer is also voidable under State laws, it may be set aside and the property or its value recovered by proper proceedings begun in the State courts, within the limitations of time fixed by the State statutes, or in the federal courts. But what is or is not a fraudulent conveyance is not determined by the Bankruptcy Law, nor are the proceedings for setting it aside or recovering the property or its value prescribed by that Act. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.