Fraudulent Conveyances Explained - Avioding Fraudulent Transfers: Asset Protection Robs Rules

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Fraudulent Transfers and Fraudulent Conveyances Explained

Before we get into this extensive section on fraudulent conveyance, I want you to understand the bottom line. If you are already in deep trouble you can’t practice self-help, you’ll need expert help. This website and lesson are meant to provide you with a solution BEFORE you are upside-down.


What is a fraudulent conveyance?
All of the sets of domestic fraudulent conveyance laws, under which a transfer to an asset protection trust might be analyzed, have one thing in common. Every transfer with the “actual intent” to delay, hinder or defraud creditors is subject to attack, even if the creditor is a future unanticipated creditor at the time of the transfer.

There are no cases directly on point, although some authority exists for the proposition that a transfer to a single purpose trust, designed to protect assets from future unanticipated creditors, is permissible.

For any creditor to successfully attack debtor transfers, they must prove the transaction was fraudulent – that it hinders or delays their rights as a creditor to reach the debtor’s property.