By Andrew R. Schwartz | Published April 3, 2017 | Posted in Uncategorized | Comments Off on Mr. Schwartz and Mr. Kanyock IICLE chapter on fraudulent transfer litigation
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Andrew R. Schwartz
Mr. Schwartz and Mr. Kanyock IICLE chapter on fraudulent transfer litigation
Litigating the Suit to Set Aside a Fraudulent Transfer.
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Federalism presents numerous positive aspects. But if you’re an attorney who must reach across state lines to resolve a case, our federal system does not exactly roll out the welcome mat.
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After fighting for years to win a judgment, many attorneys find themselves facing a second — and equally difficult — fight to collect the judgment.
Read MoreUnwinding Fraudulent “Estate Planning” Transfers
The lack of reasonably equivalent value in return for the transfer of an asset common indicates that a fraudulent transfer has occurred.
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Electronically stored information (ESI) has revolutionized the business world. Unfortunately, the law has not entirely caught up.
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Most contract litigation occurs after a breach, when the harm has already occurred. In such cases, the remedy can include monetary damages for losses and equitable relief to prevent future losses.
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Commercial litigants need a litigation strategy before filing suit. Part of that strategy involves targeting the proper court to hear your claim.
Read MoreImportant New Collection Case
On November 5, 2014, the Illinois Appellate Court, First District, preliminarily released its opinion in Wells Fargo Bank Minnesota, NA v. Envirobusiness, Inc., 2014 IL App (1st) 133575, which provides important guidance on several aspects of collection law under §2-1402 of Illinois’ Code of Civil Procedure (“Code”).
Read MoreFAQs About Receiverships
What is a “receiver”? A “receiver” is a court officer appointed to protect property in dispute during the pendency of a lawsuit. As a court officer, a receiver has no discretion or personal control over the property he holds, but must obey court orders.
Read MoreSophisticated Asset Recovery Seminar
Andrew Schwartz discussed the use of charging orders in cases where a member of the limited liability company or the company is the judgment debtor in a seminar titled Sophisticated Asset Recovery put on by the Illinois Institute of Continuing Legal Education.
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