FUFTA provides two theories of recovery from recipients of fraudulent transfers, actual fraud, and constructive fraud
. Under F.S.
By voluntarily dismissing several causes of action specified in the lawsuit, including violations of the Oklahoma Medicaid False Claims Act and Medicaid Program Integrity Act, and actual and constructive fraud
and deceit, the state effectively removed avenues for continuing delays, Hunter said.
In 2013, Trana filed a complaint against Southern alleging negligent misrepresentation, constructive fraud
, negligence, and fraud under North Carolina law.
Associated Hardwoods brought claims for breach of fiduciary duty, constructive fraud
and violation of Section 75-1.1 against Quaker's former directors and officers.
Where trustee merely alleged the general structure of a Ponzi scheme as evidence of fraudulent intent for the transfers, trustee's complaint failed to sufficiently plead claims of actual and constructive fraud
in the absence of allegations that defendants' funds were used in the Ponzi scheme or that the scheme entities were in financial distress during the avoidance period.
The complaint seeks damages for breach of contract, misrepresentation, constructive fraud
, misappropriation of trade secrets and unjust enrichment.
Issues: In the second appeal, the IRS argued that the shareholders were liable as transferees under the constructive fraud
provisions of Arizona's UFTA.
However, senior federal counsel Awang Armadajaya Awang Mahmud counter argued, saying that Section 44 of the Evidence Act required the allegation of fraud to be established, and the fraud must refer to actual fraud, not constructive fraud
, and that Anwar must name who he accused of fraud.
Lisa is said to be suing Barry for breach of trust, negligence and constructive fraud
, but the manager has already hit back with a lawsuit of his own, claiming the star has "uncontrollable spending habits".
The lawsuit seeks the return of at least $2.8 million -- with a final amount determined by the court -- as well as attorney fees and punitive damages for breach of fiduciary duty, constructive fraud
, breach of contract and negligence.
(53) The statute captures both voluntary and involuntary conduct and both actual and constructive fraud
. Under section 548(a)(1)(A), a transfer becomes avoidable if made "with actual intent to hinder delay or defraud any entity to which the debtor was or became, on or after the date that such transfer was made or such obligation was incurred." (54) Because subjective intent to defraud is virtually impossible to prove, courts have created "badges of fraud" which, if proven, will likely establish the transaction as actually fraudulent.
Allegations against them include breach of written contract, breach of fiduciary duty, negligence and constructive fraud