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Fraudulent Transfers

It is very important to utilize the services of an experienced and licensed bankruptcy attorney if you are considering filing. Bankruptcy is a very complicated issue and there are many laws, rules, and regulations that must be followed each step of the way to make certain that you are abiding by the law. In fact, Bankruptcy law is always changing, therefore the only person who is qualified to help or assist you with your claim is an attorney.   Due to the fact that there are new laws in place that govern the proceedings and filing requirements, it is imperative that every effort is made to ensure that you handle every aspect of your bankruptcy claim according to the law.  This is also especially important in the area of fraudulent transfers and bankruptcy considerations.

Fraudulent transfers are also known as fraudulent conveyance.  During a bankruptcy, someone generally appoints a trustee to handle the affairs of an estate.  Because the person filing bankruptcy owes their creditors, it is common that the creditors will turn to the debtor’s assets to satisfy a judgment.  To protect the well being of debtor’s assets, a trustee is appointed. When property or assets are given to the trustee to prevent creditors from claiming them, a fraudulent transfer has occurred.  Fraudulent transfers are against the law.

It’s important that an attorney, to ensure that you don’t make any mistakes, handles your bankruptcy case.  Sometimes, people inadvertently break the law by not understanding the laws that govern fraudulent transfers.  An attorney can help you understand the Uniform Fraudulent Transfers Act and explain the requirements and proceedings to you.  It is understandable that a company or individual wants to protect their assets and prevent their creditors from claiming them.  However, fraudulent transfers are a serious offense.  You should make sure that you do everything according to state and federal law and devise a strategy with the help of your attorney.

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