What is the effect of the legislation that declares an instrument that sought to be impeached void as against creditors if made with intent to give preference to creditors?
Ontario, Canada
The following excerpt is from Macdonald v. Mccall, 1885 CanLII 25 (ON CA):
The legislation which declares such instruments as that sought to be impeached void as against creditors, if made with intent to give a preference, has received an interpretation, which I think still is correct, in Parkes v. St George, that they are not absolutely void but void only as to those parties who are in a position to assert their rights by execution or other process.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a preference of execution creditors be applied in assignment for the benefit of creditors? (Ontario, Canada)
What is the effect of a trustee’s intention to include all creditors in the distribution of a debtor's assets? (Ontario, Canada)
If there was an intention to defeat creditors at the time of the conveyance, does that matter to present or future creditors? (Ontario, Canada)
If a parent is intentionally undereployed, is it a bad faith or intention to evade support obligations inherent in intentional underemployment? (Ontario, Canada)
Does Age-Less have the right to conduct an examination of a judgment creditor of a party to a subsequent action commenced by the judgment creditor? (Ontario, Canada)
What is the test for determining whether a conveyance was executed with intent to delay or defeat creditors? (Ontario, Canada)
What is the test to determine whether legislation properly falls within the legislative jurisdiction of one or the other level of government? (Ontario, Canada)
Is not necessary for a party to impeach a conveyance to prove that it was not a creditor at the time of the conveyance? (Ontario, Canada)
What is settled intention and what is the definition of settled intention? (Ontario, Canada)
What is the test for proving intent to defeat or delay creditors? (Ontario, Canada)
