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Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2013 Edition

Fraudulent Transfers, Prebankruptcy Planning and Exemptions, 2013 Edition

Author: Peter Spero
Publisher: Thomson West
ISBN: 40250261
Published In: August 2013
Format: Paperback , 2070 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This reference shows you the best way to secure yourself, your family, or your clients against fraudulent transfers. It analyzes the common patterns of fraudulent transfers, including intrafamily transactions, estate planning, marital arrangements, and elder law. It also discusses in detail pre-bankruptcy planning, including how to convert nonexempt assets into exempt assets. The author gives special attention to the liability and responsibility of lawyers who may be implicated in fraudulent transfers and explains how to minimize your exposure to liability. This work has been cited in several reported cases under the former title: Fraudulent Transfers: Applications and Implications.

Features

Adds a new chapter relating to Ponzi schemes
Carefully examines procedural matters, including burden of proof, right to jury trial, and possible waivers of the attorney-client privilege
Deals extensively with major exemptions, i.e., homestead, retirement plans, life insurance, annuities and tenants by the entireties
Deals with claiming exemptions, trustee's obligation to object to exemptions, and the implications of the USSC decisions in Taylor and Schwab v. Reilly
Deals with standing relative to claims commonly raised in connection with fraudulent transfers
Deals with the dischargeability of fraudulent transfer claims
Gives you state-by-state analysis of exemptions
Provides a closer look at emerging issues, such as the extent and type of damages allowed, attorneys' fees, costs, and punitive damages

Peter Spero

Spero practices law in Santa Monica, Calif. His practice consists of general tax, estate planning, bankruptcy, pre-bankruptcy planning, asset protection, business entities, and business transactions. In addition to his West publication, he is the author of Asset Protection: Legal Planning, Strategies and Forms, Second Edition (WG&L) and has written numerous articles for the Journal of Taxation, Estate Planning, Personal Financial Planning, and the ABA Journal.

Spero regularly speaks at the California State Bar, Los Angeles Bar Association, Beverly Hills Bar Association, Continuing Education of the Bar (California), and American Bar Association.