What happens when your debtor fraudulently transferred personal or real property just a few years before the debtor applied for bankruptcy protection? Even if you have your lien recorded one your judgment debtor's real estate, fraudulently transferred real estate not in the debtors name, does not attach.
My articles are my opinions and are not, legal advice. I'm a judgment referral expert, and not an attorney. If you need legal advice or a strategy to use, please contact a lawyer.
As time passes, fraud that is perpetrated on typical people is legal, because there are on the length of time you can try to undo a suspected fraudulent transfer. In the majority of states, their limitation on fraudulent transfers is four years, certain other states have limits of 3, 5, and 6 years. With few exceptions, after that time limit has passed, the laws allow typical fraudulent transfers.
Even when you suspect some fraudulent transfer, asserting this isn't sufficient. Bankruptcy filing or not, the creditor or their lawyer need to successfully file a lawsuit in civil court, or an adversarial action in bankruptcy court; to get an adjudication for a fraud judgment.fraudulent transfers and BK bankruptcyBK bankruptcy and fraudulent transfersbringing a fraudulent transfer claimfraudulent transfer claimsBK bankr