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4. Nine months before the administrator was appointed, SAOM sold some of its farmland to Peter for $600,000. A local real estate agent valued the
4. Nine months before the administrator was appointed, SAOM sold some of its farmland to Peter for $600,000. A local real estate agent valued the land at the time and the report concluded that the land was worth $750,000. Could this be one or more of the voidable transactions that involves an insolvent transaction? See HRS (25-170] Section 588FC of the corporations act states that: Insolvent transactions A transaction of a company is an insolvent transaction of the company if, and only, it is an unfair preference given by the company, or an uncommercial transaction of the company, and: (a) any of the following happens at a time when the company is insolvent: ( the transaction is entered into; or (i) an act is done, or an omission is made for the purpose of giving effect to the transaction or (b) the company becomes insolvent because of, or because of matters including: mentering into the transaction; or (l) a person doing an act, or making an omission, for the purpose of giving effect to the transaction 5. Assume the facts in question 4 are slightly different: Specifically, that Nations Bank had a mortgage over the farmland; (b) NationsBank appointed a receiver to enforce its security over the farmland; (c) the receiver arranged the sale of the farmland to Peter for $600.000 (at the same time as the local real estate agent valued the land at $750,000). Might the receiver have breached any duties? And what action could SAOMako? 4. Nine months before the administrator was appointed, SAOM sold some of its farmland to Peter for $600,000. A local real estate agent valued the land at the time and the report concluded that the land was worth $750,000. Could this be one or more of the voidable transactions that involves an insolvent transaction? See HRS (25-170] Section 588FC of the corporations act states that: Insolvent transactions A transaction of a company is an insolvent transaction of the company if, and only, it is an unfair preference given by the company, or an uncommercial transaction of the company, and: (a) any of the following happens at a time when the company is insolvent: ( the transaction is entered into; or (i) an act is done, or an omission is made for the purpose of giving effect to the transaction or (b) the company becomes insolvent because of, or because of matters including: mentering into the transaction; or (l) a person doing an act, or making an omission, for the purpose of giving effect to the transaction 5. Assume the facts in question 4 are slightly different: Specifically, that Nations Bank had a mortgage over the farmland; (b) NationsBank appointed a receiver to enforce its security over the farmland; (c) the receiver arranged the sale of the farmland to Peter for $600.000 (at the same time as the local real estate agent valued the land at $750,000). Might the receiver have breached any duties? And what action could SAOMako
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