Blog Posts in November, 2012
Posted on Nov 26, 2012 By The Presser Law Firm, P.A.
What should be obvious from our conversation so far is that the best time to protect yourself is before a creditor threat is foreseeable. You should always protect yourself: Well before your marriage ...
Continue reading "When is the best time to protect your assets?" »
Posted on Nov 19, 2012 By The Presser Law Firm, P.A.
Not necessarily. No law obligates a lawsuit defendant to hold his assets for the benefit of his creditors, despite common belief to the contrary. In fact, Supreme Court Justice Antonin Scalia, in one ...
Continue reading "Is it too late to protect my assets once I am sued or have a potential liability?" »
Posted on Nov 12, 2012 By The Presser Law Firm, P.A.
Frequently you can't. When you review these three elements of a constructive fraudulent transfer, you still have hundreds of unanswered questions. For instance, is it fraudulent to exchange ...
Continue reading "It seems that the fraudulent transfer laws are somewhat subjective. How can you be certain a transfer isn't fraudulent?" »
Posted on Nov 5, 2012 By The Presser Law Firm, P.A.
If you sell an asset for less than its fair value, the creditor must secondly show that the transfer occurred after you had theliability. Once you have a present liability, you cannot safely transfer ...
Continue reading "What do you mean by a transfer after you incur a 'present liability'?" »