Fraudulent Transfers

Protect Your Assets

Fraudulent transfers can have a devastating impact on businesses. Our experienced attorneys specialize in fraudulent transfer litigation, helping clients identify and recover assets unlawfully transferred to evade creditors or defraud legitimate claims.

What is a Fraudulent Transfer?

A fraudulent transfer, also known as a fraudulent conveyance, occurs when an individual or entity transfers assets to another party with the intent to hinder, delay or defraud creditors. These transfers can take various forms, including:

• Asset Transfers: The direct transfer of property, funds, or other assets to another party with the intent to conceal or remove them from the reach of creditors.
• Concealment: Actions taken to conceal the existence or ownership of assets, such as transferring property into the name of a family member or creating complex corporate structures to obfuscate ownership.
• Undervaluation: Selling assets for less than their fair market value to prevent creditors from recovering the full amount owed.

Types of Fraudulent Transfers

Fraudulent transfers can be categorized into two main types:

• Actual Fraud: In cases of actual fraud, the debtor transfers assets with the specific intent to defraud creditors. This often involves deliberate efforts to conceal assets or transfer them to insiders, such as family members or business associates.
• Constructive Fraud: Constructive fraud occurs when a transfer is made without adequate consideration, and the debtor is insolvent or rendered insolvent because of the transfer. Even in the absence of fraudulent intent, these transfers may be deemed fraudulent if they unfairly prejudice creditors.

Our Approach

At Isenberg & Hewitt, our attorneys have extensive experience in fraudulent transfer litigation and employ a strategic approach to protect our clients’ interests. We meticulously investigate each case, gathering evidence to establish the elements necessary to prove fraudulent transfers, including:

• Intent: Demonstrating the debtor’s fraudulent intent in transferring assets with the purpose of defrauding creditors or evading legitimate claims.
• Consequences: Establishing that the transfer resulted in harm to creditors by hindering their ability to collect debts owed to them.
• Remedies: Pursuing legal remedies to recover fraudulently transferred assets, including avoidance of the transfer, attachment of the assets and equitable relief.

Victim of a Fraudulent Transfer? Find Out What Options You Have.

If you believe you have been the victim of a fraudulent transfer or are facing allegations of fraudulent transfer, contact Isenberg & Hewitt today. Schedule a consultation with one of our experienced attorneys to discuss your case and explore your legal options.