What Makes a Transfer or Conversion Fraudulent?
Not all attempts to protect or change assets are fraudulent. Only some are subject to being undone by a court order. Much depends on the intent of the transfer. Courts use factors to determine the debtor’s purpose in a property transfer Some of the factors a court looks at are whether transfers were done to a family of the debtor; whether the transfer was hidden; who had use of the property, who controlled the property, and if the person had other assets or essentially became insolvent because of the transfer. Did the person receive something of fair market value for the asset that was sold or transferred?
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