Emily Sherwin, ‘Constructive Trusts in Bankruptcy’ [1989] University of Illinois Law Review 297; David Paciocco, ‘The Remedial Constructive Trust: A Principled Basis for Priorities over Creditors’ (1989) 68 Canadian Bar Review 315 at 334. Google Scholar See, for example, Palmer, Law of Re...
Trusts and the property sector : taxIn the past, many individuals purchased their residences in either companies or trusts for various reasons, the most common of which was for protection against creditors and as part of tax planning.Melanie Kilian...
“A property that is in a trust offers protection against creditors in the event of an individual being declared insolvent. A trust also offers continuity in the event of one of the trustees passing,” Swain adds. A trust offers a means for protecting an asset, like property, from mal...
美国财产法property-Concurrent ownership and marital property Chapter 6: Concurrent ownership and marital property A.Concurrent ownership a.Modern concurrent estates 1. 2.James v. Taylor Issue: whether the deed was a conveyance to them as tenants in common or as joint tenants with the right of ...
Protection of creditors ' interests is fundamentally a matter of social and economic order, in the area of property inheritance is even more conspicuous. Specifications for a large number of provisions for national inheritance law is such a problem to prevent heirs used its strong position against...
assets, and thus setting up a firewall to effectively promote the implementation of debt restructuring plans, using bankruptcy protection to avoid the situation where some creditors may go back on their word later. After all, the recent performance of Sunac China is also changing towards the ...
obligations. In this case, either the borrower or its lenders may put the company into bankruptcy.Bankruptcyis a court-supervised reorganization or liquidation of a borrower’s assets in favor of its creditors, meaning that the goal of the process is to maximize the chance that the creditors ...
The need for formal protection against copying did not significantly arise until the invention and diffusion of the printing press in the fifteenth and sixteenth centuries. Out of fear that this new technology would spread religious heresy and foment political upheaval, the British Crown in 1534 proh...
In some states, including Massachusetts, you canobtain homestead protectionthat shields the equity in your house against creditors, including liens they may place on your property. However, the homestead protection does not apply to debts acquired before the lien is placed. ...
Alienis a right provided by law granted to creditors to have debts that are due to them satisfied by the sale of property that belongs to the debtor. The property acts ascollateral, and in the event that the property is transferred, proceeds from the sale can be used to pay the debt and...