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Estate Planning Defense
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(:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance,TOPIC:)
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(:title Estate Planning Defense:)
(:Summary: Estate Planning Defense:)
(:description Estate Planning Defense:)
(:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, estate planning, estate plan:)
(:Summary: Estate Planning Defense:)
(:description Estate Planning Defense:)
(:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, estate planning, estate plan:)
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Intent_Estate_Planning [[!Test_Intent]] [--Goodfaithestateplanning--]
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Debtors will sometimes argue that they did not have an intent to defeat creditors when they engaged in certain transactions on the grounds that they were instead involved in "estate planning", and thus this is known as the ''estate planning defense''.
This defense is only very rarely successful, and is usually easily defeated by creditors. Among other grounds:
->1. The UVTA doesn't provide for an estate planning defense;
->2. The debtor should be paying creditors instead of planning for her estate; and
->3. Because the debtor was rendered insolvent by the claim, the debtor had no estate to plan for.
Despite the fact that this defense continually flops, and badly, it keeps getting asserted by debtors.
This defense is only very rarely successful, and is usually easily defeated by creditors. Among other grounds:
->1. The UVTA doesn't provide for an estate planning defense;
->2. The debtor should be paying creditors instead of planning for her estate; and
->3. Because the debtor was rendered insolvent by the claim, the debtor had no estate to plan for.
Despite the fact that this defense continually flops, and badly, it keeps getting asserted by debtors.
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!!!TEXT ARTICLES
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!!!ESTATE PLANNING DEFENSE ARTICLES
* [[http://www.forbes.com/sites/jayadkisson/2016/01/30/fraudulent-transfers-in-hypnotic-taxi/|2016.01.30]] … Fraudulent Transfers In Hypnotic Taxi
* [[http://www.forbes.com/sites/jayadkisson/2016/01/30/fraudulent-transfers-in-hypnotic-taxi/|2016.01.30]] … Fraudulent Transfers In Hypnotic Taxi
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!!!TEXT TOPICS AND OPINIONS
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!!!ESTATE PLANNING DEFENSE TOPICS AND OPINIONS
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