When Are Charitable Gifts Prior To Civil Judgment A Fraudulent Conveyance?
When is a debtor’s conveyance of non-exempt money to a charitable organization a fraudulent transfer? Does the debtor’s charitable intent immunize the debtor from allegations of an intent to defraud...
View ArticleFraudulent Transfer Statute of Limitations: When Do You Begin Counting?
More than four years ago you engaged in asset protection planning in which you transferred title of your assets from your name to the name of another family member or legal entity. Just recently, one...
View ArticleIs Depositing Wages in an Entireties Account a Fraudulent Transfer?
A Florida married debtor deposits paychecks payable to himself into a tenants by entireties bank account; is the deposit into the entireties account a fraudulent transfer when the debtor’s wages are...
View ArticleCan U.S. Government Be Sued For Receipt of Fraudulent Transfer?
Here’s is an interesting case where a bankruptcy trustee sued the U.S. government for their receipt of a fraudulent transfer . Within two years of filing bankruptcy a company, taxable as an S-Corp,...
View ArticleFraudulent Transfer to Nevada Asset Protection Trust
Fraudulent transfer law casts a big net, and courts will undo almost any transfer that is clearly intended to avoid present or even future unknown creditors. In this case , a California appellate...
View ArticleProperly Transferring Assets To Spouse and Children
When one spouse foresees potential legal problems and possible lawsuits, one of the first asset protection steps considered is transfer of all non-exempt assets held in the name of the vulnerable...
View ArticleCourt Calls Divorce Asset Distributions A Fraudulent Transfer
Often, clients facing a significant judgments ask me whether they should divorce their spouse for asset protection. They consider a legal divorce in which their non-debtor spouse would receive all of...
View ArticleNew York Times Article on Cook Islands Asset Protection Trusts
The New York Times published an article this past weekend regarding Cook Islands asset protection trusts. The article suggested that these offshore trust provide excellent protection for even the most...
View ArticleFraudulent Transfer and Conversion Theory is Often Misapplied
A man agreed to set up a trust for his ex-wife that would leave her $100,000 upon his death. The man set up trust, but he did not fully fund the trust. Instead, he purchased an annuity for his new...
View ArticleIs Debtor’s Deposit of His Own Money To Joint Bank Account A Fraudulent...
Generally, when a spouse who is subject to a money judgment transfers his separate property to joint ownership with his non-debtor spouse, the transfer is subject to challenge as a fraudulent...
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