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The fraudulent transfer of wealth : unwound and explained /
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Autor Corporativo: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Chicago, Illinois :
ABA, American Bar Association, Business Law Section,
[2022]
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Intro
- Title Page
- Copyright Page
- Contents
- Acknowledgements
- Introduction
- Chapter One Roots of Fraudulent Transfer Law
- English Laws
- Chapter Two Early U.S. Law
- Public Policy
- Chapter Three Uniform Acts
- Characterization
- Procedural Issues
- Actual Fraud
- Constructive Fraud
- Insider Preference Rule
- Burdens and Presumptions
- Remedies
- Prejudgment Relief Permitted
- Defenses, Liability, and Protection of Transferee
- Transferee Acts in Good Faith and Gives Reasonably Equivalent Value
- Equitable Adjustment
- Statute of Limitation/Repose
- Chapter Four Uniform Voidable Transactions Act
- Official Comments
- Controversy Regarding Official Comments
- Voidable per se
- Chapter Five The Fraudulent Transfer Iceberg: Application of Statutory & amp
- Common Law
- Broad Terminology
- Transfer
- Voidable
- Asset
- Exemption Creation
- Community Property
- Tenancy By Entirety
- Homestead
- Exemption Tracing
- Transferee
- Claim
- Hinder, Delay, or Defraud
- Reasonably Equivalent Value
- Necessities
- Future Creditors
- Future Unforeseeable Creditors
- Relevant State Case Law
- Substance Over Form
- Attorney Fees
- Statute of Limitations
- Right to Jury Trial
- Secondary Liability
- Choice of Law
- Actual Conflict
- Jurisdiction Pointing Test
- Chapter Six Fraudulent Transfer Law and Other Law
- Criminal Statute
- Proceedings Supplementary
- Spousal Transfer Statutes
- Rule Against Self-Settled Trusts
- Corporate Clawback
- Federal Law
- Unjustment Enrichment
- Alter Ego
- Tortious Interference with Contractual Relations
- Chapter Seven Fraudulent Transfer Law and Wealth Transfer Planning
- Estate Planning
- Transfers to Revocable Trusts
- Modification of Trust Agreement
- Third-Party Trust Planning
- Split-Interest Trusts
- Power of Appointment Trusts.
- Self-settled Spendthrift Trusts
- Civil Law Foundations
- Transfers Pursuant to Power of Attorney
- Change in Life Insurance Policy Ownership or Beneficiary Designation
- Exemption Planning
- Disclaimers
- Probate Administration Issues
- Family Law Planning
- Trusts or Entities Created During Marriage
- Marital Settlement Agreements & amp
- Sham Divorces
- Creation of Marital Property
- Business Planning
- Limited Liability Companies
- LLCs as Trust Substitutes
- Capital Contributions
- Distributions to Pay Business Owner Taxes
- Distributions From Entity in Repayment of Owner Loan
- Entity Conversions
- Sale of Business
- Allocation of Purchase Price
- Substance over Form
- Leveraged Buyouts
- Successor Liability
- Related Party Sales and Loan Transactions
- Tax Planning
- Federal Tax Liens
- Asset Protection Planning
- Asset protection trusts
- Self-settled Trusts in History
- Enforceability of Weakened Fraudulent Transfer Law
- Adviser Immunity
- Relevant Case Law
- Rule Against Self-Settled Trusts and Fraudulent Transfer Law
- Self-Settled Trusts: Various Badges of Fraud
- Chapter Eight Estate, Business or Tax Planning Excuse
- Chapter Nine Fraudulent Transfer Law Issues for Planners
- Due Diligence
- Documenting the File
- Marketing Asset Protection or Wealth Preservation
- Consequences of Actual Fraud
- Attorney-Client Privilege
- Jurisdictional Issues
- Denial of Discharge
- Disregarding Trust Relationship/Terms
- Solvency Affidavits
- Attorney Civil Liability as Transferee
- Attorney Liability for Assisting with Wrongful Conduct
- Racketeering Influenced and Corrupt Organizations Act (RICO) Actions
- Attorney Immunity Defense
- Attorney Fees
- Ethics issues
- Malpractice Issues
- Insurance Coverage
- Chapter Ten Super Creditors
- FDCPA
- Internal Revenue Service
- IRS As a Transferee.
- IRS as Creditor
- Securities and Exchange Commission
- Bankruptcy Court
- Strong-arm Provision
- Bankruptcy Estate Claim for Malpractice
- Extended Statute of Limitations
- Chapter Eleven Wealth Transfer Planning Issues for Creditors
- Discovery Issues
- Pro-debtor Legislation
- Notice to Creditors
- Estate Planning with Collateral
- Importance of Tracing Assets
- Solvency Analysis
- Loan Provisions
- Family Law & amp
- Personal Injury Lawyers
- Chapter Twelve What Comes Next?
- Table of Cases
- Index
- About the Author.