Fraudulent conveyance claim / BIA s.96 trustee challenge
Court / trustee in bankruptcy
The source doesn't state a fixed deadline.
Needs prompt attention
- Ontario: 2 yrs from when the creditor knew or ought to have known
Legal detail
- BIA s.96: windows up to 5 yrs; no limit for actual fraudulent intent
What this usually means
A creditor or trustee is trying to reverse a transfer made to defeat creditors. Courts look at 'badges of fraud', and a transfer to a spouse is a classic one.
What to gather
- The letter (all pages)
- Envelope and date received
- Account numbers (masked)
- All correspondence related to the claim or account
- Relevant contracts and agreements
- List of assets and when they were acquired (do not transfer)
Sources
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