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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Remedies for Breaches of Fiduciary Duties
Fiduciary duties are imposed on certain individuals in business organizations to act in the best interest of the organizations and their stakeholders and to prioritize those interests over their own personal ones. Fiduciaries include directors officers, and sometimes employees of a corporation, as well as partners in a partnership and members of a limited liability Read More
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