Special Bundle of 4 Webinars:
Jay Adkisson & David Slenn’s 4-Part Series on the Uniform Voidable Transactions Act
This comprehensive 4-part webinar series by Jay Adkisson and David Slenn teaches the basics of contemporary American fraudulent transfer law as embodied in the latest statute, the Uniform Voidable Transactions Act, and also highlights numerous traps and pitfalls of fraudulent transfer law into which the unwary frequently fall. Here are just a few of the many topics that they cover:
· At what point does a "claim" arise such that further debtor planning becomes very dangerous?
· What types of assets are and are not included when determining the debtor's solvency?
· Is there any outer limit for the 1-year discovery limitations period?
· Does the actual intent test apply to planning to defeat future, as well as existing, creditors?
· What does "reasonably equivalent value" really mean?
· How does a transferee prove "good faith" as a defense?
· Can a creditor obtain a money judgment in lieu of avoidance?
· Can a creditor levy directly on a transferred asset without having to bring a fraudulent transfer lawsuit?
· In multi-state cases, which state's fraudulent transfer law applies?
· Does common law fraudulent transfer still exist and what is it?
· Are attorney's fees, punitive damages, and conspiracy damages awardable in a UVTA action?
Jay Adkisson & David Slenn’s 4-Part Series on the Uniform Voidable Transactions Act
This comprehensive 4-part webinar series by Jay Adkisson and David Slenn teaches the basics of contemporary American fraudulent transfer law as embodied in the latest statute, the Uniform Voidable Transactions Act, and also highlights numerous traps and pitfalls of fraudulent transfer law into which the unwary frequently fall. Here are just a few of the many topics that they cover:
· At what point does a "claim" arise such that further debtor planning becomes very dangerous?
· What types of assets are and are not included when determining the debtor's solvency?
· Is there any outer limit for the 1-year discovery limitations period?
· Does the actual intent test apply to planning to defeat future, as well as existing, creditors?
· What does "reasonably equivalent value" really mean?
· How does a transferee prove "good faith" as a defense?
· Can a creditor obtain a money judgment in lieu of avoidance?
· Can a creditor levy directly on a transferred asset without having to bring a fraudulent transfer lawsuit?
· In multi-state cases, which state's fraudulent transfer law applies?
· Does common law fraudulent transfer still exist and what is it?
· Are attorney's fees, punitive damages, and conspiracy damages awardable in a UVTA action?
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Jay Adkisson & David Slenn's Four-Part Series: Understanding the Uniform Voidable Transactions Act Webinar 1
Recording and Slides are Available Here.
What constitutes legitimate asset protection planning is largely dictated by what the fraudulent transfer laws allow. Poorly understood by most planners, the fraudulent transfer laws are anything but easy to understand, and have numerous hidden exceptions and counterintuitive provisions. Yet, clients are relying upon planners to navigate them through this vast sea of icebergs.
The latest incarnation of this body of law, the Uniform Voidable Transactions Act, was adopted by the Uniform Law Commission in 2014 and is now steadily being passed by the states. Jay Adkisson and David Slenn served as American Bar Association Business Law Section Advisers to the UVTA, and their exclusive, four-part LISI webinar series will explore the Act and related law in-depth:
Webinar #1 Thursday December 14th: The Genesis of Fraudulent Transfer Law and Understanding the Language of the UVTA:
- Roots of American Fraudulent Transfer Law
- Common Law Fraudulent Transfer
- Who Are the Players?
- "Person" – Individuals and every type of legal entity
- "Creditor" – Person who holds a claim
- "Debtor" – Person liable on a claim?
- "Transferee" – Not defined, but means recipient of claim
- "Insider" – Expansively defined to mean somebody close to the debtor, including a "relative"
- "Relative" – Somebody within three degrees of relations to the debtor ?
- What is a Claim?
- What is an Asset?
- How are Exempt Assets Treated?
- What is a Transfer?
- What is an Obligation?
- What is Value and Equivalent Value?
- What is Insolvency?
There will be no CE for this webinar
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If you are a LISI member, please login below to receive the member price of $259.00 $239.00 for this bundle of 4 webinars.
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Jay Adkisson & David Slenn's Four-Part Series: Understanding the Uniform Voidable Transactions Act Webinar 2
Recording and Slides are Available Here.
This segment answers the question:
What is a voidable transaction?
Many planners are surprised to learn that the voidable transaction laws cast a much wider net than commonly believed.
The five tests for a voidable transaction are discussed in depth:
Insolvency Test,
Insider Test,
Capitalization Test,
Equity-Sense Insolvency Test,
and the catch-all Intent Test that has snared many an otherwise well-structured asset protection plan.
The Badges of Fraud are also considered in this segment.
There will be no CE for this webinar
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Jay Adkisson & David Slenn's Four-Part Series: Understanding the Uniform Voidable Transactions Act: Part 3
Recording and Slides are Available Here.
This segment will consider the defenses available to a transferee in a voidable transactions case, including such critical issues as:
(1) Has The Action Been Extinguished By The Passage of Time?
(2) What Constitutes Good Faith By the Transferee?
(3) Has Reasonably Equivalent Value Been Paid By The Transferee?
There will be no CE for this webinar
This segment will consider the defenses available to a transferee in a voidable transactions case, including such critical issues as:
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