Conveyances By Non-Debtor Co-Owner May Be Fraudulent Transfers

Jon Alper Fraudulent Transfers

Consider a debtor who jointly owns a non-exempt asset with a non-debtor. The non-debtor is not his spouse so there is no tenants by entireties exemption. The non-debtor owner is able to transfer the asset without the debtor’s signature. The debtor suggest that he would not be making a fraudulent transfer if the non-debtor co-owner transferred title to 100% of …

Which State Has Jurisdiction Over Fraudulent Transfer Action?

Jon Alper Fraudulent Transfers

A creditor considering a fraudulent transfer action against a debtor’s transfer of real estate has to consider where to file the lawsuit. The issue becomes interesting when the debtor, the debtor’s property, and the recipient (transferee) of the property are each located in a different state, or if all in Florida, different Florida counties.

Other States Permit Punitive Damages For Fraudulent Transfers

Jon Alper Fraudulent Transfers

When first faced with the possibility of being sued many people’s first reaction is to transfer their assets to someone else or to a legal entity. A common question is whether such a transfer later found to be a fraudulent conveyance may increase the debtor’s liability for money damages. The answer depends upon where the debtor resides. Florida courts have …