Law Library

The American Bar Association Business Law Section has released a new book, “The Fraudulent Transfer of Wealth: Unwound and Explained,” that examines the intersection between fraudulent transfer laws across the states and their application to modern-day wealth transfer planning transactions.

Fraudulent transfer laws refer to statutes enacted by states that establish the rights of creditors against debtors where it appears the debtor fraudulently transferred property to avoid paying creditors. Typically, such action is a civil legal matter and can also occur within the context of federal bankruptcy proceedings. “The Fraudulent Transfer of Wealth” provides a comprehensive history explaining how these laws have been applied, examines wealth transfer planning and identifies issues for wealth transfer planners and creditors, among other topics.

Author David J. Slenn also 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; and legal measures to make the creditor whole. Actual scenarios illustrate where advisers have faced liability for their role in frustrating a creditor’s claim.

“The Fraudulent Transfer of Wealth” includes a listing of case law that allows creditors to analyze new strategies through analogy to old tricks. This guide will also help wealth transfer planners navigate complex fraudulent transfer laws to ensure the effective transfer of wealth and boost their clients’ portfolios.

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 adviser to the Uniform Law Commission’s Uniform Voidable Transactions Act Drafting Committee and chair of the ABA Asset Protection Planning Committee. He is also the author of “Captive Insurance Deskbook for the Business Lawyer” published by the Business Law Section.

“The Fraudulent Transfer of Wealth: Unwound and Explained” is available as a paperback for $89.95.  To order, call 800-285-2221 or visit Shopaba.org.


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