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Fraudulent Conveyance and Proper Asset Transfer

 

Fraudulent Conveyance or fraudulent transfer is the movement of your assets when they are at risk to a creditor or legal opponent. This is the tell tale sign of the person who didn’t have an asset protection plan in place and tried to move their assets after legal action had taken place.

 

Fraudulent conveyance is a very important concept when it comes to protecting your assets from creditor attack. To commit a fraudulent conveyance means that you intended to defraud or delay creditors. It also means that you lacked the financial means to pay off a debt or deliberately made your property inaccessible to confuse or delay creditors or placed your property in a location beyond your creditor’s reach. It can’t be suggested strongly enough that you check with your attorney about the Bankruptcy Code, the Uniform Fraudulent Conveyances Act (UFCA) and the Uniform Fraudulent Transfers Act (UFTA). The law is very specific, so it’s essential that you speak with an experienced attorney before you transfer assets; for the proper protection and advice or if you are being sued because you have been accused of a fraudulent conveyance of assets. Our attorneys are not only trained in handling simple business dispute matters, we take care of complex fraudulent conveyance litigation in the event of litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York.

Trust vs WillsRemoval of a Trustee * Guardianship * Probate * Beneficiary Rights
In Home Care * Supplemental Needs Trusts  * Fraudulent Transfers * Guardianship Litigation
Medicaid Asset Protection * Probate Litigation * Estate Litigation * Living Trusts

The more the questions below that are answered yes, then the more the likelihood that you’ll be found to have fraudulently conveyed (or transferred) the property. A symbol of fraudulent conveyance is simply an indicator of what may have happened. A U.S. court might find that someone had the intent to defraud a creditor by confirming several of the following badges of fraud:

  • Did the debtor know, or inform anyone, that he was going to be sued?
  • Were the debtor’s financial difficulties or legal problems readily or easily foreseeable?
  • Was the asset transferred to the trust or corporation?
  • Does the plaintiff have an interest in the property?
  • Does the asset transfer or the debtor fall within the statute of limitations of the Bankruptcy code, Uniform Fraudulent Conveyances Act (UFCA) or the Uniform Fraudulent Transfers Act (UFTA)?
  • Was the intention of the debtor to delay, hinder or defraud a creditor?
  • Did the debtor lack sufficient financial means to meet his debts after the asset transfer?
  • How secret was the transaction?
  • How does the debtor’s financial situation change before and after the transfer of assets to the trust or corporation?
  • What does the timing or sequence of financial events indicate or imply?
  • What is the cumulative effect of these transfers?
  • Are close friends or family members parties in the transactions?
  • After the property was conveyed, did the debtor remain in control or retain possession of it?
  • Did the debtor run off after he conveyed the property?
  • Did the asset transfer make up most or all of the assets?
  • Did the debtor become insolvent after he conveyed the property?
  • Did the debtor intentionally incur debt that he could not pay?

The major threat to any asset protection plan is procrastination. By sitting back and waiting, the debtor loses precious time.

And time is one advantage protecting the debtor from a fraudulent conveyance claim. As time passes, transferring assets into a trust or corporation becomes secure. To put it simply, creditors cannot assert that you transferred the assets into the trust, or corporation, to commit fraud. Furthermore, creditors cannot claim that the assets are in the trust or corporation to prevent them from having access to the assets. In short, time works to your advantage when the asset protection plan was implemented well in advance of financial or legal difficulties because it demonstrates a lack of intent to frustrate creditors or commit fraud.

In order to prevent a fraudulent conveyance claim, you have to do the following:
  • Establish your asset protection plan as soon as you possibly can.
  • Implement the plan when the legal and financial seas are calm (i.e., before you are sued or in trouble with any creditor.)
  • Hold on to enough assets outside the asset protection plan to meet you financial obligations as well as maintaining your solvency. You need to have enough money to live and function.
  • Finally, when in trouble, think about the corporation as your fallback position.
Proving Fraudulent Transfer

An asset protection plan helps prevent creditors from seizing your assets. The most common scenario where a creditor can reach your assets is through proving fraudulent transfer. This is done by proving that you have done the following:

Proper Conveyance of Assets

Transfer your assets into a protective structure before you need protection. Perform this with asset protection, estate planning and or business advancement as your goal. When your assets are protected properly, creditors have a difficult case to prove fraudulent transfer, which is their only gateway to your assets.

Keeping It Safe

Protect yourself now. There are ways to safely transfer your assets once a liability exists, but it is best to do so beforehand.

Get Help With Your Plan Now

Be prepared before it is too late.

You should know you have certain legal rights and must be very selective of the Lawyer or Law Firm that you chose to represent you.

Call today 1-800-960-1529

Have an Attorney council you on the Right Decision for You.

Trust vs WillsRemoval of a Trustee * Guardianship * Probate * Beneficiary Rights
In Home Care * Supplemental Needs Trusts  * Fraudulent Transfers * Guardianship Litigation
Medicaid Asset Protection * Probate Litigation * Estate Litigation * Living Trusts

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