What is a fraudulent conveyance?

A fraudulent conveyance is a type of financial transaction that is used to transfer ownership of property or assets with the aim of deceiving or defrauding creditors. It involves transferring property or funds to a third party in order to keep them out of the reach of creditors. In California, fraudulent conveyance is illegal and can result in severe legal penalties, including civil and criminal charges. Under California law, a fraudulent conveyance is defined as one made with the intent of hindering, delaying, or defrauding creditors. This includes any act or transaction where the debtor transfers, conceals, or disposes of their assets with the intention of avoiding the claims of creditors. In other words, the debtor cannot transfer assets in order to make it more difficult for creditors to collect what is owed. The California Uniform Fraudulent Transfer Act (CUFTA) outlines the legal remedies available to creditors when a fraudulent transfer has occurred. These include the right to recover the transferred property, repayment of the debt owed, or legal damages if the property or money cannot be recovered. Creditors in California should be aware of the potential for fraudulent transfer of assets and the legal remedies available if it occurs. If a debtor is found to have made a fraudulent transfer of assets or funds, creditors will have legal recourse to pursue the money or property for repayment.

Related FAQs

What is an adversary proceeding?
What is a post-petition claim?
What is a homestead exemption?
What is creditors’ rights law?
What is a setoff action?
What is a “bankruptcy petition”?
What is a reaffirmation hearing?
What is the meaning of “claims process”?
How can creditors protect themselves from debtors who fail to pay?
What is a lien avoidance action?

Related Blog Posts

What You Need to Know About Creditors’ Rights in the Courtroom - July 31, 2023
The Law of Creditors’ Rights and How it Affects You - August 7, 2023
The Basics of Creditors’ Rights Law: A Guide for Debtors - August 14, 2023
How to Protect Your Rights as a Creditor - August 21, 2023
How to Utilize Creditors’ Rights Law to Your Advantage - August 28, 2023