One-and-a-half badges of fraud /

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Bibliographic Details
Author / Creator:Baird, Douglas G., 1953- author.
Imprint:[Chicago, Illinois] : Law School, University of Chicago, 2014.
Description:1 online resource (22 pages)
Series:Coase-Sandor Institute for Law and Economics working paper ; no. 693 (2d series)
Coase-Sandor Institute for Law and Economics working paper ; no. 693.
Subject:Fraudulent conveyances -- United States.
Clauses (Law) -- United States.
Debtor and creditor -- United States.
Clauses (Law)
Debtor and creditor.
Fraudulent conveyances.
United States.
Format: E-Resource Book
URL for this record:
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Notes:"August 2014."
Includes bibliographical references.
Title from online title page (viewed September 29, 2014).
Summary:"Lenders have long included savings clauses in loan documents as a way to minimize exposure to fraudulent conveyance attacks. This paper suggests that scope of operation of savings clauses is exceeding small. Those cases in which lenders find themselves exposed to fraudulent conveyance liability are only rarely ones in which a savings clause is of much use. Savings clauses are useful to guard against constructive fraudulent conveyance attacks, but only in environments in which actual intent fraudulent conveyances attacks are also possible and for these savings clauses do little good. Even when in environments in which they might protect a lender, uncertainties in how they operate may restrict their usefulness, especially in the context of guarantees."