What is the difference between fraudulent transfer and fraudulent conveyance?
Fraudulent transfer and fraudulent conveyance are two important concepts in asset protection law in the District of Columbia. The main difference between fraudulent transfer and fraudulent conveyance is the type of asset used. Fraudulent transfer is the act of intentionally using an asset to make it unavailable to creditors. This could involve transferring ownership of the asset, such as a house or piece of furniture, to another person in an attempt to keep the asset out of creditors’ hands. On the other hand, fraudulent conveyance is the act of intentionally using something of value, such as money or securities, to make it unavailable to creditors. For example, a debtor could move money into a savings account or move stocks from an investment account in an attempt to keep the money or securities out of the hands of creditors. In the District of Columbia, both fraudulent transfer and fraudulent conveyance are crimes. If a debtor is found guilty of either offense, they could be subject to fines or even imprisonment. It is important for debtors to understand the difference between these two concepts so that they can avoid committing any illegal activity related to asset protection.
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