Fraudulent Transfer Case

Fraudulent Transfer

Marcadis Singer, PA, assists lenders in recuperating their assets and money when there is a Fraudulent Transfer or conveyance.

Setting Aside Illegal Transfers

In cases where a debtor has moved property or assets to a family member, close friend, or any other insider to evade paying for a judgment, he could be legally responsible for a fraudulent transfer. Our Florida Attorneys will help you with such claims, which are based mostly on the Uniform Fraudulent Transfer Act, FL Civil Code Chapter 26.

Often times assets are moved to a relative or a corporation which is established only to hide assets, therefore, it is important that if you think a debtor is moving assets to stop you from collecting a judgment you need to get

In Anglo-American law, Twyne’s Case was the original doctrine of Fraudulent Conveyance. An English farmer tried to defraud his lenders by offering his sheep for sale to a gentleman known as Twyne, even though kept ownership of the sheep, stamping and shearing them. In the USA, fraudulent conveyances or transfers are dictated by two groups of legislation which are usually consistent. The Uniform Fraudulent Transfer Act (“UFTA”) is the first one and was put into practice by virtually all but a couple of the states. The second is contained in the federal Bankruptcy Code.

The UFTA along with the Bankruptcy Code state that a transfer created by a person in debt is fraudulent with regards to the lender in cases where the debtor created the transfer with the “actual intention to hinder, delay or defraud” any specific lender of the person in

The collectors of the corporation will not have any unencumbered assets from where to collect their outstanding debts. LBOs are either deliberate or constructive fraudulent transfers, or even both, based on how obviously the company is financially damaged at the time the transaction is finished.

Even though all LBOs aren't fraudulent transfers, it raises a red flag when, following an LBO, the corporation is unable to repay its creditors.

Fraudulent transfer liability will usually switch on the financial situation of the debtor at a specific time in the past. This assessment has traditionally demanded “dueling” expert testimony from the defendants and plaintiffs, which usually resulted in a costly procedure and unreliable and erratic outcomes. Not too long ago, U.S. courts and scholars created market-based techniques to attempt to streamline the evaluation of constructive fraud, and the courts are focusing more and more on these market-based approaches.

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