contemplation of bankruptcy

contemplation of bankruptcy
A phrase of some pertinence under former bankruptcy acts, having reference to an assignment, conveyance, or transfer made or given with bankruptcy proceedings, voluntary or involuntary in mind, and with the intent of removing the thing assigned or property conveyed from administration and distribution in bankruptcy. It is to be observed that under the present Bankruptcy Act, actual intent is not an element of a voidable preference. 9 Am J2d Bankr § 1082; neither is it an element of a fraudulent preference under the Act. 9 Am J2d Bankr § 1115.

Ballentine's law dictionary. . 1998.

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  • contemplation of bankruptcy — Contemplation of the termination of one s business because of the financial inability to continue it. Knowledge of, and action with reference to, a condition of bankruptcy or ascertained insolvency, coupled with an intention to commit what the… …   Black's law dictionary

  • contemplation of bankruptcy — Contemplation of the termination of one s business because of the financial inability to continue it. Knowledge of, and action with reference to, a condition of bankruptcy or ascertained insolvency, coupled with an intention to commit what the… …   Black's law dictionary

  • in contemplation of bankruptcy — See contemplation of bankruptcy …   Ballentine's law dictionary

  • contemplation — I noun absorption, aim, attention, brooding, calculation, cerebration, cogitation, concentration, consideration, contemplatio, deliberateness, deliberation, design, determination, engrossment, envisagement, envisionment, examination, excogitation …   Law dictionary

  • contemplation of insolvency — Knowledge of, and action with reference to, an existing or contemplated state of insolvency, with a design to make provision against its results or to defeat the operation of the insolvency laws. See act of bankruptcy contemplation of bankruptcy …   Black's law dictionary

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  • contemplation of insolvency — The attitude of the officers of a bank when it becomes known, or reasonably should be apparent, to them that the bank presently will be unable to meet its obligations and will be obliged to suspend its ordinary operations. Smith v Baldwin, 63 App …   Ballentine's law dictionary

  • Moral Aspect of Bankruptcy —     Moral Aspect of Bankruptcy     † Catholic Encyclopedia ► Moral Aspect of Bankruptcy     (See also CIVIL ASPECT OF BANKRUPTCY.)     Bankruptcy must be considered not only from the legal but also from the moral point of view; for sound morality …   Catholic encyclopedia

  • bankrupt — The state or condition of a person (individual, partnership, corporation, municipality) who is unable to pay its debts as they are, or become, due. The condition of one whose circumstances are such that he is entitled to take the benefit of the… …   Black's law dictionary

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