Criminalize Penal Crime Voidable Transactions And Fraudulent Transfers

 

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VOIDABLE TRANSACTIONS & FRAUDULENT TRANSFERS

 

JURISDICTIONS THAT CRIMINALIZE

FRAUDULENT TRANSFERS

 

Eighteen U.S. jurisdictions criminalize in some form or another a fraudulent transfer: Alabama, Alaska, Arizona, Arkansas, California, Kentucky, Massachusetts, Michigan, Nevada, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Washington, West Virginia, and the U.S. Virgin Islands.

 

These jurisdictions make a fraudulent transfer a misdemeanor or a felony, or both (depending on either the type of transfer or the value of the assets transferred). A full list of these states and their criminal fraudulent transfer statutes follow at the end of this article.

 

While these crimes are rarely prosecuted, they do raise at least three very practical litigation concerns.

 

First, and most importantly, the criminal statute in these states may significantly bolster the argument that the crime/fraud exception to attorney-client privilege should be vitiated where there is prima facie evidence that a fraudulent transfer has occurred.

 

Second, that a fraudulent transfer amounts to the commission of a crime in these states may give rise to a cause of action by the creditor against both the debtor and transferee under a state Civil RICO statute, unfair business practice statute, or the like, and which may be accompanied by punitive or treble damages and an award of attorney's fees.

 

Third, an attorney who advocates a fraudulent transfer to a client has advocated the commission of a crime which ethically impermissible and may subject the attorney to professional discipline.

 

It is true that a fraudulent transfer is considered in many jurisdictions to be tantamount to a fraud such that the crime/fraud exception will apply even in the absence of criminal conduct. Similarly, an attorney who advocates a fraudulent transfer to a client may face discipline for "dishonest conduct" even in the absence of a criminal statute.

 

However, in the eighteen jurisdictions that have criminalized the making of a fraudulent transfer, it may be much easier for a creditor to win a discovery motion or for bar counsel to win discipline. In these jurisdictions, it may also be easier for a creditor to make a case for civil conspiracy or a state RICO claim against all involved in the transfer.

 

In all jurisdictions it is dangerous for a debtor to make a fraudulent transfer, or for an attorney to advise or assist in such a transfer, but in these eighteen jurisdictions that danger rises to the level of extreme.

 

Note that some of the statutes which follow speak in terms of "judgment creditors", which would lead to the inference that the debtor has already had a judgment entered against her by the time the transfer is made, while others speak in terms of just "creditors" which could many anybody who has a claim, liquidated or unliquidated, and including pre-judgment claims.

 

 

Alabama (Misdemeanor)

 

Ala.Code § 13A-9-47. Defrauding judgment creditors.

 

(a) A person commits the crime of defrauding judgment creditors if he:

 

(1) With fraudulent intent removes property subject to execution from a county to prevent it being levied upon by an execution; or

 

(2) Secretes, assigns, conveys or otherwise disposes of property with intent to defraud a judgment creditor.

 

(b) Defrauding judgment creditors is a Class B misdemeanor.

 

 

Alaska (Misdemeanor or Felony)

 

AS § 11.46.730. Defrauding creditors

 

(a) A person commits the crime of defrauding creditors if

 

* * *

 

(2) the person destroys, removes, conceals, encumbers, transfers, or otherwise deals with the person's property with intent to defraud an existing judgment creditor; or

 

* * *

 

(c) Defrauding creditors is a class A misdemeanor unless that secured party, judgment creditor, or creditor incurs a pecuniary loss of $750 or more as a result to the defendant's conduct, in which case defrauding secured creditors is

 

(1) a class B felony if the loss is $25,000 or more;

 

(2) a class C felony if the loss is $750 or more but less than $25,000.

 

 

Arizona (Misdemeanor or Felony)

 

A.R.S. § 12-1563. Impeding recovery by action or judgment of personal property; classification

 

A person against whom an action is pending or against whom a judgment has been rendered for the recovery of personal property who knowingly conceals, sells or disposes of such property with intent to hinder or delay execution of the judgment, or with like intent removes the property from the county in which it is located at the time of the commencement of the action or the rendition of judgment, is guilty of a class 6 felony.

 

A.R.S. § 13-2205. Defrauding judgment creditors; classification

 

A. A person commits defrauding judgment creditors if such person secretes, assigns, conveys or otherwise disposes of his property with the intent to defraud a judgment creditor or to prevent that property from being subjected to payment of a judgment.

 

B. Defrauding judgment creditors is a class 6 felony.

 

A.R.S. § 44-1217. Fraud on creditors by removal, sale or concealment of property; classification

 

A debtor who fraudulently removes his property or effects from the state, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud, hinder or delay his creditors of their rights, claims or demands, is guilty of a class 2 misdemeanor.

 

 

Arkansas (Misdemeanor or Felony)

 

A.C.A. § 5-37-211. Defrauding judgment creditors

 

(a) A person commits the offense of defrauding a judgment creditor if, with purpose to defraud and with knowledge that a civil proceeding has been or is about to be instituted, the person:

 

(1) Moves property to prevent its being levied upon by an execution; or

 

(2) Conceals, assigns, conveys, or otherwise disposes of property to prevent that property from being made liable for the payment of a judgment.

 

(b) Defrauding a judgment creditor is a Class D felony.

 

 

California (Misdemeanor or Felony)

 

Cal.Penal Code § 154. Debtor fraudulently removing, conveying, or concealing property; punishment

 

(a) Every debtor who fraudulently removes his or her property or effects out of this state, or who fraudulently sells, conveys, assigns or conceals his or her property with intent to defraud, hinder or delay his or her creditors of their rights, claims, or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

 

(b) Where the property so removed, sold, conveyed, assigned, or concealed consists of a stock in trade, or a part thereof, of a value exceeding two hundred fifty dollars ($250), the offense shall be a felony and punishable as such.

 

Cal.Penal Code § 155. Defendant or judgment debtor fraudulently removing, concealing, or disposing of personal property sought to be recovered

 

(a) Every person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of that property, with intent to hinder, delay, or defraud the person bringing the action or recovering the judgment, or with such intent removes that property beyond the limits of the county in which it may be at the time of the commencement of the action or the rendering of the judgment, is punishable by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

 

(b) Where the property so concealed, sold, disposed of, or removed consists of a stock in trade, or a part thereof, of a value exceeding two hundred fifty dollars ($250), the offenses shall be a felony and punishable as such.

 

Cal.Penal Code § 531. Fraudulent conveyances; defense of conveyance by party; sale or assignment of property conveyed

 

Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies, or defends the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor.

 

 

Kentucky (Misdemeanor)

 

KRS § 517.070. Defrauding judgment creditors

 

(1) A person is guilty of defrauding judgment creditors when he secretes, assigns, conveys or otherwise disposes of his property with intent to defraud a judgment creditor or to prevent that property from being subjected to payment of a judgment.

 

(2) Defrauding judgment creditors is a Class A misdemeanor.

 

 

Massachusetts (Felony; support judgments only)

 

M.G.L. 273 § 15B. Receiving, concealing or transferring assets for the purpose of avoiding payment; penalty

 

Whoever receives or conceals an asset of another knowing that said asset is being transferred for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to the provisions of chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states, shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or by both such fine and imprisonment; and whoever transfers an asset for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to said chapter 119, 207, 208, 209, 209A, 209C,

 

209D or 273, or pursuant to any similar laws of other states shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one- half years, or both such fine and imprisonment. The court may in the alternative to the foregoing punishment divert the defendant to a program as defined in section 1 of chapter 276A.

 

 

Michigan (Misdemeanor)

 

M.C.L.A. 600.6085

 

Removal or concealment of property to avoid execution, misdemeanor

 

Any person who removes any of his property out of any county, with intent to prevent the same from being levied upon by an execution or who secretes, assigns, conveys, or otherwise disposes of any of his property, with intent to defraud any creditor, or to prevent such property from being made liable for the payment of his debts and any person who receives such property with such intent, shall, on conviction thereof, be deemed guilty of a misdemeanor.

 

 

Nevada (Misdemeanor)

 

N.R.S. 205.330. Fraudulent conveyances

 

Every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance, had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or who, being a party as aforesaid, at any time shall wittingly and willingly put in use, avow, maintain, justify or defend the same, or any of them, as true and done, had, or made in good faith, or upon good consideration, or shall alien, assign or sell any of the lands, tenements, hereditaments, goods, chattels or other things before mentioned, conveyed to him or her as aforesaid, or any part thereof, is guilty of a gross misdemeanor.

 

N.R.S. 205.350. Removal or sale of property to defraud creditors

 

If any debtor shall fraudulently remove his or her property or effects out of this state, or shall fraudulently sell, convey or assign, or conceal his or her property or effects, with intent to defraud, hinder or delay his or her creditors of their just rights, claims or demands, the debtor is guilty of a gross misdemeanor.

 

N.R.S. 205.360. Knowingly receiving fraudulent conveyance

 

Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered in violation of, or with the intent to violate, any provision of NRS 205.345, 205.350 and 205.355, shall be guilty of a misdemeanor.

 

 

North Dakota (Misdemeanor)

 

NDCC 13-01-11. Fraudulent conveyance--Penalty

 

Any person who is a party to any conveyance or assignment of any interest in real or personal property entered into with intent to defraud prior or subsequent purchasers, creditors, or other persons except those with security interest in the property involved, who knowingly participates in such a conveyance or assignment, is guilty of a class A misdemeanor.

 

 

Ohio (Misdemeanor or Felony)

 

R.C. § 2913.45. Defrauding creditors

 

(A) No person, with purpose to defraud one or more of the person's creditors, shall do any of the following:

 

(1) Remove, conceal, destroy, encumber, convey, or otherwise deal with any of the person's property;

 

(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person's affairs or estate, the existence, amount, or location of any of the person's property, or any other information regarding such property that the person is legally required to furnish to the fiduciary.

 

(B) Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars or more and is less than seven thousand five hundred dollars, defrauding creditors is a felony of the fifth degree. If the value of the property involved is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, defrauding creditors is a felony of the fourth degree. If the value of the property involved is one hundred fifty thousand dollars or more, defrauding creditors is a felony of the third degree.

 

 

Oklahoma (Misdemeanor)

 

21 Okl.St.Ann. § 1671. Fraudulent conveyance

 

Every person who being a party to any conveyance or assignment of any real or personal property, or of any interest therein, made or created with intent to defraud prior or subsequent purchasers, or to hinder, delay or defraud creditors or other persons, and every person being privy to or knowing of such conveyance, assignment or charge, who willfully puts the same in use as having been made in good faith, is guilty of a misdemeanor.

 

21 Okl.St.Ann. § 1672. Fraudulent removal of property

 

Every person who removes any of his property out of any county, with intent to prevent the same from being levied upon by any execution or attachment, or who secretes, assigns, conveys or otherwise disposes of any of his property, with intent to defraud any creditor, or to prevent such property being made liable for the payment of his debts, and every person who receives any such property with such intent, is guilty of a misdemeanor.

 

 

Rhode Island (Felony)

 

Gen.Laws 1956, § 11-18-25. Concealment or transfer of property with intent to defraud creditors

 

Every person who, while insolvent, shall, with intent to defraud his or her creditors, remove from out of the state, secrete, or unlawfully transfer or otherwise dispose of any property belonging to his or her estate, which is not exempt from attachment by law, or who, having made an assignment for the benefit of creditors, shall secrete, destroy, or withhold from his or her assignee any books, deeds, documents, or writings relating to the property, shall, upon conviction of the offense, be imprisoned not exceeding two (2) years.

 

 

South Carolina (Misdemeanor)

 

Code 1976 § 27-23-30. Punishment of parties to fraudulent conveyances

 

All parties to such feigned, covinous and fraudulent gifts, grants, leases, charges or conveyances, or being privy to and knowing of them, or any of them, who shall wittingly or willingly put in use, avow, maintain, justify or defend them, or any of them, as true, simple and done, had or made bona fide or upon good consideration, of or to the disturbance or hindrance of the purchaser or purchasers, lessees or grantees, their heirs, successors, executors, administrators or assigns or such as have or shall lawfully claim anything by, from or under them, or any of them, shall incur the penalty and forfeiture of one year's value of such lands, tenements and hereditaments so purchased or charged, the one moiety whereof shall be for the use of the State and the other moiety to the party or parties grieved by such feigned and fraudulent gift, grant, lease, conveyance, encumbrance or limitation of use, to be recovered by action in any court of competent jurisdiction; and also, being thereof lawfully convicted, shall suffer imprisonment for one-half year.

 

 

South Dakota (Misdemeanor or Felony)

 

SDCL § 54-8-20. Removal, secretion, encumbrancing or disposition of property to defraud creditors -Misdemeanor

 

Every person who removes any of his property out of any county, with intent to prevent the same from being levied upon by any execution or attachment, or who secretes, encumbers, transfers, or otherwise disposes of any of his property, with intent to delay or defraud any creditor, and every person who receives any such property with such intent, is guilty of a Class 1 misdemeanor.

 

SDCL § 54-8-22. Party to transfer or assignment of property to defraud creditors guilty of felony

 

Every person who, being a party to any conveyance or assignment of any property, or of any interest therein, made or created with intent to defraud prior or subsequent purchasers, or to delay or defraud creditors or other persons, and every person being privy to or knowing of such conveyance, assignment, or charge, who intentionally puts the same in use as having been made in good faith, is guilty of a Class 6 felony.

 

 

Washington (Misdemeanor)

 

RCWA 9.45.080. Fraudulent removal of property

 

Every person who, with intent to defraud a prior or subsequent purchaser thereof, or prevent any of his or her property being made liable for the payment of any of his or her debts, or levied upon by an execution or warrant of attachment, shall remove any of his or her property, or secrete, assign, convey, or otherwise dispose of the same, or with intent to defraud a creditor shall remove, secrete, assign, convey, or otherwise dispose of any of his or her books or accounts, vouchers or writings in any way relating to his or her business affairs, or destroy, obliterate, alter, or erase any of such books of account, accounts, vouchers, or writing or any entry, memorandum, or minute therein contained, shall be guilty of a gross misdemeanor.

 

RCWA 9.45.090. Knowingly receiving fraudulent conveyance

 

Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered to him or her in violation of, or with the intent to violate RCW 9.45.080, shall be guilty of a misdemeanor.

 

 

West Virginia (Misdemeanor)

 

W.Va. Code, § 61-3-24 (c). Obtaining money, property and services by false pretenses; disposing of property to defraud creditors; penalties

 

(c)

 

(1) If a person removes any of his or her property out of any county with the intent to prevent the same from being levied upon by any execution; or

 

(2) If a person secretes, assigns or conveys, or otherwise disposes of any of his or her property with the intent to defraud any creditor or to prevent the property from being made liable for payment of debts; or

 

(3) If a person receives the property of another with the intent to defraud any creditor or to prevent the property from being made liable for the payment of debts;

 

(4) The person is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than two thousand five hundred dollars and be confined in jail not more than one year.

 

 

U.S. Virgin Islands (Misdemeanor)

 

14 V.I.C. § 833. Participating in frauds on creditors

 

Whoever

 

(1) is a party to any fraudulent conveyance of any property, real or personal, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made or contrived, with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or

 

(2) being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies or defends the same, or any of them, as true, done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the property, real or personal, or other things before mentioned, conveyed to him as aforesaid, or any part thereof

 

shall be fined not more than $200 or imprisoned not more than 1 year, or both.

 

__________

 

Note that nearly all jurisdictions, including these nineteen, also criminalize the following offenses:

 

*** Crime of Insolvency - This is occurs were a debtor transfers assets where the court has appointed (or is about to appoint) a receiver to marshal the debtor's assets.

 

*** Transfers of Secured Property - This occurs where a debtors transfers secured property, i.e., property to which a security lien has attached, so as to defeat the attempt of a secured creditor to foreclose on the security interest.

 

 

 

 

RECENT ARTICLES

 

2020.06.30 ... Attorney Fees Held Awardable Under Nevada Fraudulent Transfer Law In Morgan Stanley Opinion

2020.06.11 ... Bank That Was Financially Involved With Debtor Gets Caught Up In Fraudulent Transfer Case In Wilson

2020.05.21 ... Utah Supreme Court Rejects Mixed Motive Test For Intentional Fraudulent Transfers In Jones Case

2020.01.06 ... Twyne’s Case And The Most Infamous Flock Of Sheep In Anglo-American Law

2019.12.07 ... New York Finally Modernizes Its Fraudulent Transfer Laws By Adopting The Uniform Voidable Transactions Act

2019.10.29 ... Repeal Of Kentucky’s Fraudulent Transfer Law In Favor Of UVTA Causes Headaches In Orchard

2019.10.19 ... Texas Homestead Gets Constitutional Protection From Fraudulent Transfer Claim In Lapides

 

 

Many more articles on voidable transactions law found here

 

UVTA - LOGICAL ORGANIZATION

(Designed For Litigators)

 

Click here to go to the Voidable Transactions Decision Chart

 

Overview of UVTA -- The process and result

 

Learn The Vocabulary Of The Act (Main Page)

 

Has A Voidable Transaction Occurred? (Main Page)

 

Does The Transferee Have A Defense? (Main Page)

 

What Remedies Are Available? (Main Page)

 

Other Helpful Provisions (Main Page)

 

UVTA - NUMERICAL ORGANIZATION

(Confusing & Difficult To Use)

 

The Uniform Law Commission's complete copy of the UVTA with comments in PDF format is available here. The webpage for the UVTA, showing states that have enacted and much other information regarding the Act is found here.

 

1 - Definitions

(1) Affiliate -- (2) Asset -- (3) Claim -- (4) Creditor -- (5) Debt -- (6) Debtor -- (7) Electronic -- (8) Insider -- (9) Lien -- (10) Organization -- (11) Person -- (12) Property -- (13) Record -- (14) Relative -- (15) Sign -- (16) Transfer -- (17) Valid Lien

2 - Insolvency - How insolvency is calculated

3 - Value - Issues relating to calculating value

4 - Transfer Or Obligation Voidable As To Present Or Future Creditor

(a)(1) {Intent Test} - To hinder, delay or defraud any creditor

(a)(2)(i) {Overextending Insolvency Test} - The debtor engages in a transaction for which it does not have the financial strength

(a)(2)(ii) {Sinking Insolvency Test} - The debtor is not technically insolvent but headed for insolvency

(b) {Badges of Fraud} - Circumstances available to prove the debtor's intent

5 - Transfer or Obligation Voidable As To Present Creditor

(a) {Insolvency Test} - The test preferred by creditors

(b) {Insider Preference Test} - Not really a fraudulent transfer test at all

6 - When Transfer Is Made Or Obligation Is Incurred - Determines the time of the transfer

7 - Remedies Of Creditor

      {Non-Money Judgment Remedies} - Avoidance, attachment, etc.

8 - Defenses, Liability, And Protection Of Transferee Or Obligee

{Main Provisions} -The transferee's good faith for-value defense

(b) and (c) {Money Judgment Remedy} - Alternative remedy for creditors when avoidance is not good enough

9 - Extinguishment Of Claim For Relief - Similar to Statutes of Limitation

10 - Governing Law - Conflicts of Laws provisions

11 - Application To Series Organization - Applies to intra-series transfers

12 - Supplementary Provisions - Allows application of other law to issues unresolved by the UVTA

13 - Uniformity Of Application And Construction - Court opinions from other states may be looked to for guidance

14 - Relation To Electronic Signatures In Global And National Commerce - Waste of statutory space

15 - Short Title - From fraudulent transfers to voidable transactions

16 - Repeals; Conforming Amendment - Information for enacting legislatures

 

OTHER SOURCES OF

FRAUDULENT TRANSFER LAW

 

Fraudulent Transfers In Bankruptcy - Main Page

 

28 U.S.C. § 3301, et seq. - Where United States is the creditor

 

Common Law Fraudulent Transfer - Still exists in most states

 

Criminal Statutes -- Jurisdictions that criminalize fraudulent transfers

 

Fraudulent Conveyances Act of 1571 a/k/a Statute of 13 Elizabeth - The medieval statute to which the modern American UVTA traces some of its roots.

 

Statutes Of The U.S. Jurisdictions -- State and Territorial Voidable Transaction and Fraudulent Transfer Laws

 

TOPICAL COURT OPINIONS

 

DEFINITIONS

     Creditor Definition - Court opinions on the definition of creditor

     Debtor Insider Affiliate Relative Organization Person Definitions   - Court opinions on the definitions of debtor, insider, etc.

     Claim And Debt Definitions  - Court opinions on the definitions of claim and debt

     Asset And Property Definitions  - Court opinions on the definitions of assets and property

     Lien And Valid Lien Definitions  - Court opinions on the definitions of lien and valid lien

     Transfer Definition  - Court opinions on the definition of transfer

     Value And Reasonably Equivalent Value (REV) Definition  - Court opinions on the definitions of value and reasonably equivalent value

     Insolvency Definition  - Court opinions on the definition of insolvency

TESTS

     Insolvency Test  - Court opinions relating to the Insolvency Test

     Insider Preference Test  - Court opinions relating to the Insider Preference Test

     Overextending Insolvency Test  - Court opinions relating to the Overextending Insolvency Test

     Sinking Insolvency Test  - Court opinions relating to the Sinking Insolvency Test

     Intent Test  - Court opinions relating to the Intent Test

           Badges Of Fraud  - Court opinions relating to the Badges of Fraud

DEFENSES

     Extinguishment Periods a/k/a (incorrectly) Statute Of Limitations  - Court opinions relating to the extinguishment periods

     Transferee Good Faith  - Court opinions relating to the transferee good faith for-value defense

REMEDIES

     Non-Money Remedies  - Court opinions relating to avoidance and other non-money remedies

     Money Judgment Remedies  - Court opinions relating to money judgments

     Attorney Fees -- Court opinions relating to awards of attorney fees

     Punitive Damages - Court opinions relating to punitive and exemplary damages

OTHER

     Burdens of Proof  - Court opinions relating to the burdens of proof

     Conflict Of Laws  - Court opinions relating to conflict of laws

     Uniformity  - Court opinions relating to uniformity with the laws of other jurisdictions

     Supplementary Law  - Court opinions relating to the interplay of the UVTA with other law

     Jurisdictional Issues - Court opinions relating to jurisdiction of UVTA actions.

BANKRUPTCY

     Section 548  - Court opinions relating to 11 USC 548

 

OTHER RESOURCES

 

 

OTHER INFORMATIONAL WEBSITES

by Jay Adkisson

 

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  • Creditor-Debtor - An explanation of common creditor remedies, strategies and tactics to enforce a judgment, including a discussion of common debtor asset protection strategies.

 

  • Private Retirement Plans - An exploration of a unique creditor exemption allowed under California law which can be very beneficial but is often misused.

 

  • Charging Orders - The confusing remedy against a debtor's interest in an LLC or partnership is explained in reference to the Uniform Partnership Act, the Uniform Limited Partnership Act, and the Uniform Limited Liability Company Act.

 

  • Protected Series - An examination of the single most complex statutory legal structure yet created, with particular reference to the Uniform Protected Series Act of 2017.

 

  • California Enforcement of Judgments Law - Considers the topic of judgment enforcement in California, including the California Enforcement of Judgments Law and other laws related to California creditor-debtor issues.

 

  • Anti-SLAPP Laws - A collection of and commentary about Anti-SLAPP laws and significant court decisions on the subject within the United States, and special section on California Anti-SLAPP.

 

 

Voidable Transactions:

Fraudulent Transfers In American Law

 

by Jay D. Adkisson (Available 2021)

 

Click here for more information

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© 2020 Jay D. Adkisson. All rights reserved. No claim to government works or the works of the Uniform Law Commission. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction. This site https://voidabletransactions.com Contact: jay [at] jayad.com or by phone to 702-953-9617 or by fax to 877-698-0678.