Advanced · Lesson 4 · 7 min
Fraudulent Transfers
Recovering or unwinding transfers a debtor made to avoid paying a judgment.
Overview
Most states have adopted the Uniform Voidable Transactions Act (UVTA), or a predecessor (UFTA).
Transfers made with actual intent to hinder, delay, or defraud creditors — or constructively fraudulent transfers for less than reasonably equivalent value — can be unwound.
Timing rules and statutes of limitation are tight; investigation must be quick.
Key Concepts
- • Badges of fraud
- • Reasonably equivalent value
- • Insider transfers
- • Statutes of limitation for voidable transactions
Examples
Insider transfer
Debtor deeds personal residence to a spouse for $1 thirty days before judgment entry. The transfer is a classic candidate for unwind.
Common Mistakes
- • Waiting too long to investigate suspect transfers.
- • Pursuing the transferee without including a related claim against the debtor.
Recommended Resources
- • UVTA Quick Reference
Educational only. Not legal advice. Judgment enforcement varies by state — consult licensed counsel.