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Determining Insolvency in Preference and Fraudulent Conveyance Actions

November 15, 2001

Copyright permission granted by American Bankruptcy Institute Journal

Sharyn B. Zuch, Richard P. Finkel, CPA, CFE, CIRA

Was the debtor insolvent at the time of the transfer? This is often the threshold issue in preference and fraudulent conveyance actions. It is therefore necessary in many cases to determine insolvency at a specific point in time, prior to the bankruptcy filing.

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