Proprietary Restitution and Insolvency (Lionel Smith, 13 May 2002)

Of course it's just a tree. What does it look like ?

RDG online
Restitution Discussion Group Archives

Restitution
front page

What's new?

Another tree!

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

Another tree!

<== Previous message Back to index Next message ==>

Sender:	Lionel Smith
Date:	Mon, 13 May 2002 10:51:18 -0400
Re:	Proprietary Restitution and Insolvency

This is more or less what happened in the original Ponzi case in the US Supreme Court.

It could happen in other jurisdictions. It is more or less what happened in Goldcorp. If you view the Ponzi transaction as fraudulently induced, then according to most (but see Chambers on Resulting Trusts and Dominic O' Sullivan's article in the new LQR), you do not have any proprietary interest until you avoid, and as in Goldcorp, it may be too late to avoid if the receivership has arrived.

Lionel

The effect of this decision seems to be that proprietary restitution is unavailable only when it is most needed. Can this occur in other jurisdictions?

<== Previous message Back to index Next message ==>

" These messages are all © their authors. Nothing in them constitutes legal advice, to anyone, on any topic, least of all Restitution. Be warned that very few propositions in Restitution command universal agreement, and certainly not this one. Have a nice day! "

»
»
»
»
»

For editorial policy, see here.
For the unedited archive, see here.
The archive editor is Steve Hedley.