Re:using a trust to avoid creditors (1 viewing) (1) Guest
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TOPIC: Re:using a trust to avoid creditors
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norton (Moderator)
Moderator
Posts: 160
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Re:using a trust to avoid creditors 1 Year, 11 Months ago
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If the transfer was made to avoid paying known creditor claims, then refer to
The Uniform Fraudulent transfers Act states:
SECTION 4. TRANSFERS FRAUDULENT AS TO PRESENT AND
FUTURE CREDITORS.
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a
creditor, whether the creditor’s claim arose before or after the transfer was made or
the obligation was incurred, if the debtor made the transfer or incurred the
obligation:
(1) with actual intent to hinder, delay, or defraud any creditor of the
debtor; or
(2) without receiving a reasonably equivalent value in exchange for the
transfer or obligation, and the debtor:
(i) was engaged or was about to engage in a business or a transaction
for which the remaining assets of the debtor were unreasonably small in relation to
the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed
that he [or she] would incur, debts beyond his [or her] ability to pay as they became
due.
(b) In determining actual intent under subsection (a)(1), consideration may
be given, among other factors, to whether:
(1) the transfer or obligation was to an insider;
(2) the debtor retained possession or control of the property transferred
after the transfer;
(3) the transfer or obligation was disclosed or concealed;
(4) before the transfer was made or obligation was incurred, the debtor
had been sued or threatened with suit;
(5) the transfer was of substantially all the debtor’s assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
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(8) the value of the consideration received by the debtor was reasonably
equivalent to the value of the asset transferred or the amount of the obligation
incurred;
(9) the debtor was insolvent or became insolvent shortly after the
transfer was made or the obligation was incurred;
(10) the transfer occurred shortly before or shortly after a substantial
debt was incurred; and
(11) the debtor transferred the essential assets of the business to a lienor
who transferred the assets to an insider of the debtor.
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cc4357
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2010/04/21 22:05
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Lex
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2010/04/29 21:11
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Jackie
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2010/05/05 22:33
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shalitique
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2010/05/10 21:13
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norton
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2010/05/12 21:51
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cc4357
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2010/06/07 22:27
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norton
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2010/06/10 20:49
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shalitique
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2010/06/14 20:49
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cc4357
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2010/06/17 22:02
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sly
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2010/06/21 22:20
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