Overview

Modern fraudulent transfer law dates back to the Roman era, however, fraudulent transfer law in the U.S. closely reflects the law developed in England and the Statute of 13 Elizabeth. This unique guide tracks the historical development of this ancient creditors' rights law, as well as addresses and warns against fraudulent wealth transfer. Wealth transfer planning is a legitimate service if done properly. However, it is important for all parties impacted by the transfer of wealth to understand the scope and application of fraudulent transfer law. This book discusses the factors involved with the fraudulent transfer of wealth and outlines steps that planners can take to minimize a transaction's exposure to avoidance. Proactive measures that creditors can take to reduce the chance of losing assets or legal measures to restore the creditor are discussed. Real-life scenarios are included to show where advisers face liability for their role in facilitating the transfer of wealth meant to frustrate a creditor's claim. Today, the transfer of wealth can still be challenged successfully using centuries' old fraudulent conveyance law. This book includes an extensive listing of case law that provides ample opportunity for creditors to analyze new strategies by analogy to old tricks. This book will guide wealth transfer planners to plan for their clients successfully, while navigating complex fraudulent transfer laws to ensure the effective transfer of wealth.

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9781639051939

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David J. Slenn is a partner in the Naples and Tampa, Florida offices of Akerman LLP. He focuses his practice on tax, estate, and business planning with an emphasis on risk management. He was an ABA Advisor to the Uniform Law Commission’s Uniform Voidable Transactions Act Drafting Committee, and chair of the ABA’s Asset Protection Planning Committee. This unique experience enables David to counsel both creditors and debtors regarding complex issues that arise at the intersection of fraudulent transfer law and the transfer of wealth. This experience includes helping business owners and public figures with liability exposure analysis as well as assisting creditors with transactional matters and litigation strategy. David serves as independent counsel to review potentially abusive tax transactions, helps to mitigate tax exposure, and assists with the exit of abusive tax transactions. He has experience utilizing captive insurance companies as a form of risk management. He has helped business owners in various industries understand whether a captive insurance company makes sense and has also provided counsel on a variety of matters involving the administration of a captive insurance company. He has assisted with captive insurance Federal tax controversy matters in IRS examination, litigation in U.S. Tax Court, as well as complex matters related to exiting captive insurance programs. David is the editor and a co-author of the Captive Insurance Deskbook for the Business Lawyer.

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