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Spotting the Signs of Fraudulent Transfers

Imagine a scenario where a debtor, facing mounting financial pressure, strategically transfers assets to avoid paying what is owed. The dissipation of resources to hinder creditors from collecting their debts is known as a fraudulent transfer.  The Illinois Uniform Fraudulent Transfer Act (IUFTA) allows creditors to challenge transfers made by debtors with the intent to Read More

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Collecting Debts Through Judgment Liens on Real Estate

For a creditor collecting on an overdue debt, winning a court judgment is only half the battle. The other half is enforcing the judgment. Debtors frequently employ underhanded tactics to avoid paying, which requires the creditor to take countermeasures. Among the methods that Illinois law allows for enforcing a judgment is placing a lien on Read More

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Unjust Enrichment Claims in Disputes Among Company Owners

Partners, members or shareholders typically have the same goals at the onset, but over time, differing priorities often become apparent. Some owners jockey for power, making self-interested financial moves or trying to induce other owners to give up their stake in the business. Some owners may accumulate more control and more money, leaving minority owners Read More

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Recognizing and Setting Aside Preferential Fraudulent Transfers to Insiders

A fraudulent transfer or conveyance occurs when a debtor voluntarily depletes or dissipates their own assets to the point that they cannot fully repay the claims of creditors. A preferential fraudulent transfer involves a payment or transfer of money or property to certain creditors when the debtor was already insolvent. The Uniform Fraudulent Transfer Act Read More

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What Are Your Remedies When a Debtor Appears to be Judgment-Proof?

Taking a civil judgment is a significant step toward getting paid, but it is not always the final step. The debtor may refuse to pay the amount ordered by the court, forcing the creditor to take collection measures. This can become extremely difficult when the debtor appears to be judgment proof. Judgment proof debtors are Read More

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What Recourse Do You Have as a Minority Owner Facing a Squeeze Out?

Disputes and conflicts often arise in small businesses with multiple owners. From time to time, we see majority owners use their inherent leverage to oppress the powers, rights and/or benefits of a minority owner (one with a non-controlling ownership interest in the business). In the worst case, the majority owners may try to “squeeze out” Read More

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When Can Asset Protection Strategies Be Considered Fraudulent Transfers?

Individuals and business organizations may legitimately seek to preserve wealth through various devices and methods known collectively as asset protection strategies. These often involve transferring money or other property into trusts and/or foreign bank accounts — which is perfectly legal so long as the transfer is not “fraudulent” in nature. A fraudulent transfer occurs when Read More

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Resolving Business Oppression Claims Among LLC Owners

In many businesses, including limited liability companies (LLCs), partnerships, and “S” and “C” corporations, unequal ownership responsibilities and rights often result in significant tension and disputes. The majority owner (usually a person or group controlling voting rights) often directs business operations and makes policy decisions at the expense of the outvoted minority equity interest holder. Read More

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Piercing the Corporate Veil to Collect on a Judgment

A business often operates as a separate legal entity, such as a corporation or limited liability company, which protects its individual owners from personal liability for the company’s debts or obligations. The liability shield (called a “corporate veil”) encourages business investment by limiting the investors’ potential losses to the funds they put directly into the Read More

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Types of Fraudulent Transfers That Can Be Set Aside Under Illinois Law

Debtors commonly engage in fraudulent transfers to avoid paying debts or other obligations by using two related tactics. The first is to dissipate assets; the debtor transfers property to a friendly third party in an effort to keep the assets out of the creditor’s reach. The second tactic is to take on higher priority debt Read More

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