Statutory attempts to protect a creditor’s ability to recover a debt by voiding certain conveyances of debtor’s property appeared in England as early as the 1376 Statute of Edward. Fraudulent transfer suffers guilt by association with the common law variety, but the law of fraud and the statutory remedy for fraudulent conveyance are not the same. ![]() The foundation of the action to redress fraud is in the common law of tort, and evolved gradually over a long period of time. These concepts are embodied in a statutory remedy by which a creditor may have a conveyance by a debtor set aside if it left the debtor insolvent.įraud implies moral turpitude. The terms “fraudulent transfer” or “fraudulent conveyance” are fraught with semantic confusion due to the similarity of the terms, but are defined by statute, not by common law. The law of fraud (“fraud”) is derived from and defined under the common law of deceit. The actions of fraud and fraudulent transfer are separate causes of action. ![]() Section A Distinguishing Fraud And The Uniform Fraudulent Transfer Act Civil Fraud And Fraudulent Transfers We have years of experience helping our clients avoid fraudulent transfer laws. If you need the assistance of an experienced Florida asset protection attorney in North Florida to help you determine if a transfer of an asset constitutes a fraudulent transfer pursuant to Florida law, please call us at 90, or toll-free at (866) 510-9099. The implementation of these techniques may also be impacted by the applicable fraudulent transfer statute. Thus, a thorough understanding of the operation and application of the fraudulent transfer or fraudulent conveyance statute is a necessary prerequisite for the evaluation and selection of proper asset protection techniques available in a particular set of circumstances. ![]() Each transfer or conveyance of assets must be analyzed within the context of the applicable fraudulent transfer or fraudulent conveyance statute. In most cases, asset protection planning will involve re-titling, or transferring property, or converting assets that are not exempt from claims of creditors to assets that are exempt from claims of creditors. Fraudulent Transfer Law Fraudulent Conveyance LawĮvery asset protection planning effort should begin with a consideration of the applicable fraudulent transfer or fraudulent conveyance law(s), which typically are provided through statutory codification.
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