GREY:MLKKF - Post by User
Post by
24~Karaton Sep 29, 2006 8:25pm
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Post# 11442619
Asarco Should Be Sued.
Asarco Should Be Sued.This matter has been addressed by the U.S. Supreme Court, where they were reviewing the fairness of a sale price received for an asset that was under the duress of foreclosure.
But Asarco was not under the duress of foreclosure, but they instead disposed of their asset in a free and open market.
Here is the an excerpt from the Supreme Court’s decision:
“To specify a federal minimum sale price beyond what state foreclosure law requires would extend bankruptcy law well beyond the traditional field of fraudulent transfers and upset the coexistence that fraudulent transfer law and foreclosure law have enjoyed for over 400 years. While, under fraudulent transfer law, a "grossly inadequate price" raises a rebuttable presumption of actual fraudulent intent, it is black letter foreclosure law that, when a State's procedures are followed, the mere inadequacy of a foreclosure sale price is no basis for setting the sale aside.”
https://www.law.cornell.edu/supct/html/92-1370.ZS.html
There you have it. It is called “settled law.” Beyond dispute.
ASARCO should be sued for this brazen attempt at extortion. They have plenty of assets that could be attached for the damages they have caused. It just depends in which cookie jar you look.
According to Wikipedia:
“One stated reason for (Asarco) declaring bankruptcy was the number of pending lawsuits. Asarco had more than 100 civil environmental cases pending against it when it filed for bankruptcy. Prior to the bankruptcy, Asarco transferred much of its assets to a shell company set up by Grupo México. A few months after Asarco's bankruptcy, Grupo México announced that net profits had doubled, in large part because of the removal of Asarco's environmental liabilities.”
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As to the incorrect assertion by CalifDreaming that Asarco has some element of the law on their side, I think he needs review the post (linked below) by Kauaicat, where he demonstrates that “This law is in place to prevent fraudulent conveyances”
https://www.stockhouse.com/bullboards/viewmessage.asp?no=13163213&t=0&all=0&TableID=0