By Andrew R. Schwartz | Published June 1, 2026 | Posted in Fraudulent transfers | Tagged Tags: asset, creditors, debtors, protection | Comments Off on What Can Make an Asset Protection Strategy a Fraudulent Conveyance?
What Can Make an Asset Protection Strategy a Fraudulent Conveyance?
Asset protection strategies are legal structures or transactions individuals use to shield their assets from potential creditors. While such planning is perfectly legitimate when done properly, when undertaken with the intention to hinder, delay, or defraud creditors, it may be deemed a “fraudulent transfer.” Creditors must understand when asset protection crosses the line. The Illinois Read More
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Creditors’ Remedies Under the Illinois Uniform Fraudulent Transfer Act
The Illinois Uniform Fraudulent Transfer Act (IUFTA) is designed to protect creditors from debtors who attempt to evade their financial obligations by improperly shielding assets. Creditors can challenge transfers of assets that are made with the intent to defraud creditors or without receiving reasonably equivalent value in return. The law also gives creditors remedies to Read More
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How to Prove a Debtor’s Intent in Fraudulent Transfer Litigation
Fraudulent transfers can pose significant challenges for judgment creditors. These transfers may involve the conveyance of assets with the intent to disturb, delay, hinder, or defraud creditors, thereby complicating efforts to enforce judgments. Dishonest debtors often take great pains to hide assets from creditors by engaging in a “shell game” and will not openly admit Read More
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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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