Divorce And Marital Settlements
Divorce REV Revdivorce
Particularly in community property states, debtors will sometimes enter into a marital settlement agreement or even go through a full-blown divorce for the purpose of putting assets out of the reach of creditors. Such agreements and proceedings can be a fraudulent transfer in certain situations.
Since "sham divorces" are prevalent in fraudulent transfer cases, the courts will often examine the surrounding circumstances to determine whether there was a bona fide divorce. Factors to be examined include whether the couple still cohabit, financial arrangements between the couple, the fairness of the settlement agreement or divorce decree, and numerous other circumstances as applicable.
DIVORCE AND MARITAL SETTLEMENTS ARTICLES
- 2019.02.22 ... California Court Of Appeals Swings And Misses On Pre-Marital Fraudulent Transfer Agreement In Sturm
- 2016.07.29 … Blixseth Loses On Marital Settlement Agreement And Fraudulent Transfers
- 2015.08.22 ... Son of BOSS Leads To A Divorce And Fraudulent Transfer Troubles In Baker
- 2013.09.23 ... Fraudulent Transfers Trigger Crime-Fraud Exception And $10 Million Punitive Damages In Cutuli
- 2012.08.29 ... Kendall: Distressed Debtor's Late Transfers Set Aside As Fraudulent Transfers In Bankruptcy
- 2011.10.13 ... The Sad Last Ballad of Jerry Lynn Williams: Divorce Decree Fails To Defeat Fraudulent Transfer Action