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Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2023-2024 ed.


Product details:

Format: Book - softbound
Brand: Thomson West
Copyright: 2023
Service #: 40250262
Sub #: 40250263
Pages: 4576
Shelf Space: 7 in.
Publication Frequency: Updated annually
Update format: Replacement pamphlets

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Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2023-2024 ed.



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Covering both federal bankruptcy laws and applicable state laws, Fraudulent Transfers, Prebankruptcy Planning and Exemptions helps make sure you, your family, or your clients don’t run afoul of fraudulent transaction requirements.

This work has been cited in many published opinions.

The author gives special attention to the liability and responsibility of lawyers who may be implicated in fraudulent transfers and explains how to minimize your exposure to liability. He also discusses collateral consequences such as criminal liability, denial of discharge in bankruptcy, and nondischargeable debts, as well as pre-bankruptcy planning and a state-by-state analysis of exemptions.

This reference surveys fraudulent transfers and procedural matters such as:

  • Burden of proof
  • Preclusion
  • Right to jury trial and possible waivers of the attorney-client privilege and work product
  • The extent and type of damages that are allowed
  • Attorneys’ fees
  • Costs
  • Punitive damages

It also analyzes common patterns of fraudulent transfers, including:

  • Ponzi schemes
  • Intrafamily transactions
  • Estate planning
  • Marital arrangements
  • Elder law

Recently cited in Burkhart v. Genworth Fin., Inc., 275 A.3d 1259 (Del. Ch. 2022).


  • Contains a chapter on Ponzi schemes
  • Includes a state-by-state discussion of exemptions
  • Cited in many published opinions