Legal Question in Real Estate Law in California
fraudulent transfer
employer transfers property to others knowing that there is a strong possibility of lawsuit by employees for unpaid wages. i know that there is some fraud here, but i don't know what and so far i have only found stuff about fraudulent tranfers before delcaration of bankruptcy. is there anything about fraudulent conveyances pending actual or treat of litigation?
1 Answer from Attorneys
Re: fraudulent transfer
Yes, indeed. California has adopted the Uniform Fraudulent Transfer Act, see Civil Code section 3439-3439.12. You should read the entire Act, which you can find on line or at libraries, but the most relevant concept is that a transfer made with 'actual intent to hinder, delay or defraud' a creditor or even a prospective creditor is fraudulent and actionable. Indeed, the Act and decisions interpreting it make 'intent' relatively easy to prove even by circumstantial evidence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
