Even back as far as Elizabethan times, a fast thinking shepherd – having been warned that the sheriff was about to descend on his flock to satisfy a creditor’s writ – could not simply convey his sheep to his brother for a shilling, and then claim to have no assets to satisfy his debts. While not precisely a lost profits or damages calculation, fraudulent transfer is an area where attorneys require significant input and expertise from accountants and other financial valuation experts. Under U.S. Bankruptcy laws, payments and asset transfers made by companies even up to two years before insolvency can be later reversed or voided, and pulled back into the estate for allocation to other creditors. This enforced reallocation of funds can have major impacts on both historical and current creditors, former owners in leveraged buyouts, and many other interested parties. Understanding the financial conditions under which such transfers may be considered constructively fraudulent is key to helping parties avoid and/or resolve such transfer issues.

Agenda

• Background
• Reasonably Equivalent Value
• Identifying Value
• Measuring Reasonable Equivalence
• Defining Insolvency
• What Is Insolvency?
• Analyzing Both When and Why Insolvency Occurred
• The ‘Fraud’ in a Fraudulent Conveyance
• The Balance Sheet Test
• The Entity’s Debts
• Property at a Fair Valuation
• Liquidation Value
• Return on Assets
• Discount Rates
• Key Financial Ratios
• Liquidity
• Solvency and Leverage
• Efficiency
• Return
• Unreasonably Small Capital
• Ability to Pay Debts
• Summary

• Learn how to describe attributes of insolvency and analyze when it occurred
• Learn the characteristics of fraudulent conveyance
• Describe factors to consider when determining solvency and fraudulent transfer issues