Fraudulent Conveyances and Preferences (1988)

Keywords: fraudulent; conveyance; preference; insolvency; bankruptcy; debt; creditor; debtor; good faith; remedy; Fraudulent Preference Act; Fraudulent Conveyance Act; Bankruptcy Act; Criminal Code; asset; fraud; defence; lis pendens; mareva injunction; grantor; property; intent; disposition; voidable; reviewable; settlement; transaction

Although most people pay their debts as they come due, some people refuse to honour their debts and may even attempt to frustrate their creditors’ attempts to collect those debts. For example, a debtor may transfer property to a trusted friend or associate or may pay one creditor in circumstances where this will lead to other creditors not being paid. This project examines two British Columbia statutes aimed at such practices, the Fraudulent Conveyance Act and the Fraudulent Preference Act and considers options for their reform.