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Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2011 ed.

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Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2011 ed.

By Peter Spero
Copyright: 2011
Last Updated: 8/17/2011
Availability: In Stock  
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Brand: Thomson West
Pages: 2070
Components: 1 Print
Shelf Space: 3 in.
Free Update Period: 90 days
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Available Options:
Book - softbound
List Price:
 $340.00
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Description

This reference shows you the best way to secure yourself, your family, or your clients against fraudulent transfers. It analyzes the common patterns of fraudulent transfers, including intrafamily transactions, estate planning, marital arrangements, and elder law. It also discusses in detail pre-bankruptcy planning, including how to convert nonexempt assets into exempt assets. The author gives special attention to the liability and responsibility of lawyers who may be implicated in fraudulent transfers and explains how to minimize your exposure to liability. This work has been cited in several reported cases under the former title: Fraudulent Transfers: Applications and Implications.

Features

  • Adds a new chapter relating to Ponzi schemes
  • Carefully examines procedural matters, including burden of proof, right to jury trial, and possible waivers of the attorney-client privilege
  • Deals extensively with major exemptions, i.e., homestead, retirement plans, life insurance, annuities and tenants by the entireties
  • Deals with claiming exemptions, trustee's obligation to object to exemptions, and the implications of the USSC decisions in Taylor and Schwab v. Reilly
  • Deals with standing relative to claims commonly raised in connection with fraudulent transfers
  • Deals with the dischargeability of fraudulent transfer claims
  • Gives you state-by-state analysis of exemptions
  • Provides a closer look at emerging issues, such as the extent and type of damages allowed, attorneys' fees, costs, and punitive damages

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