Answer all parts. Ramon was adjudicated bankrupt on 1 March 2024. The Official...
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Answer all parts. Ramon was adjudicated bankrupt on March The Official Assignee is considering prebankruptcy transactions. Which of the transactions below, if any, can be cancelled by the Official Assignee? Part A On May Ramon established a family trust, the beneficiaries of which are his children. It was, and remains, Ramons expectation that the trust will financially assist his children through university. Ramon is a trustee of this trust, but not a beneficiary. Ramon made gifts of $ each to the trust on these dates: May ; March ; December ; December The trustees claim that, immediately after the making of each gift, Ramon was able to pay his debts without the aid of the money just gifted. marks Part B On April Ramon borrowed $ from the Bank of New Zealand Ltd BNZ On April he granted to the BNZ a security interest in all his present and future personal property, to secure his obligations to the BNZ There is uncontested evidence that, on April Ramon was unable to pay his due debts. marks Part C On April Ramon paid Pablo, his brother, $ to repay in full an outstanding loan from Pablo, telling Pablo to keep it quiet because he did not know how much longer he could stay in business. marks Part D On December Ramon paid his landlord $ to clear all rent arrears owing to the landlord. He made this payment after the landlord had threatened to evict him unless rent arrears were paid in full. The Official Assignee has no evidence that Ramon was unable to pay his debts at the time this payment was made. marks
Answer all parts.
Ramon was adjudicated bankrupt on March The Official Assignee is considering prebankruptcy transactions. Which of the transactions below, if any, can be cancelled by the Official Assignee?
Part A
On May Ramon established a family trust, the beneficiaries of which are his children. It was, and remains, Ramons expectation that the trust will financially assist his children through university. Ramon is a trustee of this trust, but not a beneficiary. Ramon made gifts of $ each to the trust on these dates: May ; March ; December ; December The trustees claim that, immediately after the making of each gift, Ramon was able to pay his debts without the aid of the money just gifted.
marks
Part B
On April Ramon borrowed $ from the Bank of New Zealand Ltd BNZ On April he granted to the BNZ a security interest in all his present and future personal property, to secure his obligations to the BNZ There is uncontested evidence that, on April Ramon was unable to pay his due debts.
marks
Part C
On April Ramon paid Pablo, his brother, $ to repay in full an outstanding loan from Pablo, telling Pablo to keep it quiet because he did not know how much longer he could stay in business.
marks
Part D
On December Ramon paid his landlord $ to clear all rent arrears owing to the landlord. He made this payment after the landlord had threatened to evict him unless rent arrears were paid in full. The Official Assignee has no evidence that Ramon was unable to pay his debts at the time this payment was made.
marks
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