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  • Fraudulent Preference Act - BC Laws
    Setting aside fraudulent conveyances 9 (1) If (a) a judgment creditor alleges that the debtor or person who has to pay has made a conveyance or other disposition of any of that person's land, which conveyance or other disposition is void, as being made to defeat, hinder, delay, prejudice or defraud creditors, or
  • RSBC 1996, c 164 | Fraudulent Preference Act | CanLII
    5 (1) A disposition is deemed to give a creditor a preference over the other creditors under section 4, if the creditor is given, recovers or is placed in a position to recover payment, satisfaction or security for all or part of the debtor's indebtedness, greater proportionately than could be recovered by unsecured creditors generally, or on
  • Overview Of The Fraudulent Preference Act - LTSA
    The Fraudulent Preference Act provides protection to creditors prejudiced by debtors conveying their property so as to favour one or more creditors over another or others The Act should be read in conjunction with the Fraudulent Conveyance Act
  • CHAPTER 156 Fraudulent Preferences Act - free. bcpublications. ca
    (1) Nothing in the last preceding section applies to any bona fide sale or payment made in the ordinary course of trade or calling to inno­ cent purchasers or parties; nor to any payment of money to a creditor,
  • Substance Over Process: Fasken’s Win under the Fraudulent Preference . . .
    When those debtors take steps to delay, defeat and hinder a creditor’s recovery, creditors can rely on the Fraudulent Preference Act, RSBC 1996, c 164 (“ FPA ”) and the Fraudulent Conveyance Act, RSBC 1996, c 163 (“ FCA ”) to set aside transactions that have that intention and effect
  • Fraudulent Preference Act - BC Laws
    1 In sections 3, 4 and 5 "creditor" includes a surety and the endorser of a promissory note or bill of exchange who would, on payment by him of the debt, promissory note or bill of exchange for which the suretyship was entered into or endorsement was given, become a creditor of the person giving the preference within the meaning of the sections
  • A Case for Reform: The Law of Fraudulent Preferences and . . . - ABlawg
    In keeping with the current law, in order to challenge a transfer as a fraudulent conveyance, 1007 Alberta based its action under two separate statutes: the Fraudulent Conveyances Act, 1571 (FCA), an act that is dated to say the least, and section 1 of the more limited and less obviously named Fraudulent Preferences Act (FPA)
  • FRAUDULENT PREFERENCE ACT - BC Laws
    1 In sections 3, 4 and 5, “creditor” includes (a) a surety and the endorser of a promissory note or bill of exchange who would, on payment by that person of the debt, promissory note or bill of exchange for which the suretyship was entered into or endorsement was given, become a creditor of the person giving the preference within the
  • Section 328. Fraudulent preference | Companies Act Integrated Ready . . .
    (1) Where a company has given preference to a person who is one of the creditors of the company or a surety or guarantor for any of the debts or other liabilities of the company, and the company does anything or suffers anything done which has the effect of putting that person into a position which, in the event of the company going into liquida
  • RSA 2000, c F-24 | Fraudulent Preferences Act - CanLII
    (b) to or for a creditor with intent to give that creditor preference over the other creditors of the debtor or over any one or more of them, is void as against the creditor or creditors injured, delayed, prejudiced or postponed





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