Reply To: Aifos seeks protection from creditors



Fuengi –

Surely this raises the question: can pre-meditated fraud override bankruptcy protection by qualifying for a case to come under criminal charges as against going through the civil courts?

As the article states, they tricked their clients in a pre-meditated way…

Would an example of this be for example if a Bank Guarantee had been issued after a building licence was revoked, which would be tantamount to an attempt to perpetuate the illusion (therefore intentional deceit) that the development was still on track.

Many of us at Santa Maria Green Hills were in this situation and I have always claimed that this action was blatant and intentional fraud to deceive that there were no problems. The revoked building licence was obviously known to the developer and the issuing bank at the time the BG’s were given.

Roots, I honestly think this is a path worth looking at in your particular case. My OH agrees!

Any legals out there who could comment?
Whatever happened to Drakan? 🙁