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To: Lurking Libertarian

“I don’t claim to speak for the Lord, but a sale at less than fair market value is considered fraudulent under the Uniform Fraudulent Conveyance Act. “

There are plenty of honest Real Estate transactions every day that sell well below fair market value. The act you cited must be confined to a narrow definition that is purposeful to prevent fraud.


20 posted on 07/21/2017 4:33:52 PM PDT by Rebelbase (Climate Change: The Imminent Crisis That Never Arrives and the gravy train that never ends.)
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To: Rebelbase
The act you cited must be confined to a narrow definition that is purposeful to prevent fraud.

It's not limited to actual fraud, but is rather designed to protect creditors. The Act says, in essence, that if you owe money to A, and you sell your property to B for less than fair market value, and you do not have enough left to pay A, A can collect his debt from B (whether or not B had any fraudulent intent or even knew that you owed money to A).

In this case, the Ark attraction claimed they were a for-profit venture, in order to gain tax incentives which Kentucky provides only to for-profit companies. When the local town tried to impose a tax on their ticket sales, they sold the whole business to a non-profit (which wouldn't owe any taxes) for $10. If Kentucky challenges that sale as a fraudulent conveyance, I think they have a good case.

24 posted on 07/21/2017 8:43:07 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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