Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2022 ed.

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).