Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2021 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 prebankruptcy 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

Features

Includes a state-by-state discussion of exemptions
Contains a chapter on Ponzi schemes