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Blog Posts in October, 2012

When is a transfer considered for less than fair value?

When is a transfer considered for less than fair value? One obvious situation is when the debtor merely gifts his assets. However, proving a sale was made for less than fair value can sometimes be ...
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What if I transferred my assets but didn't actually intend to defraud my creditor?

Since actual fraud cases are difficult for creditors to prove, creditors more often claim constructive fraud. Constructive fraud is a gift or sale of property for less than fair value (or fair ...
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What must a creditor prove to win a fraudulent transfer case?

There are two types of fraudulent transfers: 1) Fraud in fact, or actual fraud, and 2) Fraud in law, or constructive fraud. Actual fraud is when you actually intended to hinder, delay or defraud your ...
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What is a fraudulent transfer?

Every state has fraudulent transfer laws. Some call it the Uniform Fraudulent Conveyance Act (UFCA), and others the Uniform Fraudulent Transfer Act (UFTA). Fraudulent transfers or fraudulent ...
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What are the most common planning errors to avoid?

With asset protection planning there are many things that one can do wrong. The three biggest blunders are those mistakes that can breach your protection or get you into trouble. You'll want to ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
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