Miami Fraudulent Transfer Litigation Attorney
Florida creditors are understandably frustrated when a debtor engages in misconduct in connection with efforts to collect payment. Not all individuals and business owners know that transferring assets with a view to thwart collections is unlawful, and there are some that intentionally give creditors the run around to avoid paying. Fortunately, there are remedies under Florida’s Uniform Fraudulent Transfer Act (FUFTA). It may be possible for creditors to set aside transactions that are actually or constructively illegal. Once a fraudulent transfer is corrected and the property is back in the hands of the owner, a creditor can proceed with options for collections, attachment, lien, and other relief.
However, debtors also have their day in court to contest FUFTA lawsuits, so fraudulent transfer litigation can be highly complex. Instead of putting your interests at risk, count on our team at Alhalel Law to assist with the proceedings. We have meticulous knowledge of the relevant laws, along with extensive experience representing clients in contested cases. Please contact our firm to schedule a consultation with a Miami fraudulent transfer litigation attorney, and read on for some important information.
Overview of FUFTA and Common Violations
The statute covers two types of fraud, both of which could result in setting aside if it is determined that the debtor engaged in misconduct:
- Actual fraud focuses on the debtor’s state of mind. The creditor must prove that the debtor transferred an asset that could have been applied to pay off the past due amount, plus the debtor’s intent to defraud.
- Constructive fraud does not rely upon the debtor’s intent, but rather defines situations where intent will be inferred because the debtor transferred an asset without receiving reasonably equivalent value.
Factual scenarios that may constitute a fraudulent transfer in violation of FUFTA include:
- Transferring assets to a relative, friend, or business stakeholder;
- Effecting a transfer of title while still retaining possession;
- Fraudulent concealment of a transaction;
- Removing, altering, or concealing an asset; and
- Transferring an asset in connection with bankruptcy proceedings.
What to Expect with Fraudulent Transfer Lawsuits
If a creditor has sufficient evidence of either an actual or constructive fraudulent transfer, that person or entity can initiate a lawsuit by filing a complaint. This document must include facts supporting the claim of misconduct by the debtor, as well as a statement of the relief requested. In these lawsuits, creditors will ask that the court set aside a fraudulent transfer, essentially undoing it and re-establishing the pre-transaction status quo. The Miami fraudulent transfer litigation lawyers at Alhalel Law will guide you through the proceedings by:
- Assessing legal requirements;
- Gathering evidence;
- Drafting and responding to court documents;
- Appearing in court for required hearings; and
- Representing you at trial.
Trust a Miami Fraudulent Transfer Litigation Attorney to Protect Your Interests
For more information on creditor remedies for debtor misconduct, please contact Alhalel Law by calling 305.563.9060 or visiting our website. We can set up a consultation with a Miami fraudulent transfer litigation lawyer who will review your circumstances and explain the impact of FUFTA and related statutes.
