Fraudulent transfer ideas come mostly from debtors, and the idea starts with the phrase, “What if…”. I do not sit down with someone and say, “Okay, let’s just transfer everything to someone else” because I know it’s not going to work. Most ideas of fraudulent transfers in practice do not come from attorneys. I would like to take an overview and a practical view. For those who practice asset protection, I’d like to try to teach you from my experiences what works, what doesn’t work, how you should treat the issue, and most importantly, the mistakes that I see most often. While my materials have some cases, I did not conduct an exhaustive search or Shepardization of the cases because this discussion is not intended to be a recitation of new cases. What I am going to try to do is discuss more practical assets of the fraudulent transfer issue as a practitioner as opposed to an academic. This session will be for those who do not like tax. I believe that there are attorneys who like tax and there are other attorneys who do not get tax or like tax. I meant that in the sense that they often occur, and I seem to encounter various attempted conveyances or ideas for conveyances, and also because attorneys who refer clients to me, who have come up with various ideas and plans as they find that they are now freely able to think and advise and discuss the issue. I don’t mean that in the sense they are more effective today than before. I think we’ve been in a 10-year bull market of fraudulent transfer planning.
#Participating in fraudulent conveyance florida update#
My task today is to give an update on where we are on fraudulent transfers in the state of Florida. At the Florida Bar’s Annual Wealth Protection Seminar, in Miami Florida, attorney Jonathan Alper presented, “Where Does Florida Law Stand on Fraudulent Transfers?” The following is an edited transcript of his presentation:
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