- 6 - In 1998, petitioner filed a petition under chapter 7 of the Bankruptcy Code. The bankruptcy trustee accused petitioner of bankruptcy fraud, and filed a complaint against petitioner, Parker, the Corporations, several other corporations, and the four partnerships, interests in which petitioner had sold to Parker in 1996. The parties in the complaint proceeding reached an agreement. On February 4, 2000, the bankruptcy court entered a consent order requiring petitioner and Parker to pay $300,000 “in guaranteed funds” to the bankruptcy trustee by February 14, 2000. This consent order further provided that, on the bankruptcy trustee’s receipt of this $300,000, the transfers of (1) the stock in the Corporations and (2) the Partnership Interests “shall be void ab initio under Virginia Code Section 55-80",6 and the bankruptcy trustee shall abandon her interest in 5(...continued) years beginning after Dec. 31, 1996. Thus, the procedures apply to the years in issue. However, because the Corporations had five or fewer shareholders, the procedures do not apply. See sec. 301.6241-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3002 (Jan. 30, 1987). 6 Va. Code Ann. sec. 55-80 (Michie 2003) provides as follows: Sec. 55-80. Void fraudulent acts; bona fide purchasers not affected.-- Every gift, conveyance, assignment or transfer of, or charge upon, any estate, real or personal, every suit commenced or decree, judgment or execution suffered or obtained and every bond or other writing given with intent to delay, hinder or defraud creditors, purchasers or other persons of or from (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011