Florida asset protection, estate planning, bankruptcy, and family law firm.
// by Jon Alper
A client asked me if transferring money to an offshore bank account after a creditor filed a collection lawsuit is a fraudulent transfer. Not all actions to protect assets from known creditors fall withing the scope of the fraudulent transfer statues. To the point, moving the location of an asset is not the same as …
Is Transfer of Money To Foreign Bank Account A Fraudulent Transfer?Read More
// by Jon Alper
Most creditors understand that if they obtain a money judgment in a state other than Florida the creditor can transfer the judgment to Florida in order to pursue the debtor’s Florida assets. Creditors are often uniformed about how long they have to collect the foreign judgment in Florida. The question is: what is the statute …
Options To Enforce Foreign State Judgments in FloridaRead More
// by Jon Alper
Several courts have held that a judgment creditor may not garnish a debtor’s bank account located in another state when the bank has no Florida branches. In February, 2019, a U.S. federal court reached the same conclusion, but in this case, the court gave the creditor additional time and options to get the debtor’s money. …
// by Jon Alper
Florida law limits creditor remedies for fraudulent transfers. A court may reverse a transfer but it may not impose additional damages against a debtor simply because the debtor transferred property to avoid the judgment. The law does not prohibit damages against a transferee who is not the debtor. The recipient of a fraudulent conveyance is …
Money Damages Against Recipient of Fraudulent TransferRead More
// by Jon Alper
The Nevis government enacted an amendment to the Nevis Limited Liability Company Act in December, 2018. The amendment pertains to the taxation of Nevis limited liability companies that does business in Nevis. The amendment appears to be in response to international movements to restrict use of offshore tax havens. The amendment provides that Nevis LLCs …
// by Jon Alper
Florida law limits creditor remedies for fraudulent transfers. A court may reverse a transfer but it may not impose additional damages against a debtor simply because the debtor transferred property to avoid the judgment. The law does not prohibit damages against a transferee who is not the debtor. The recipient of a fraudulent conveyance is …
Judgment Against Intermediary of Fraudulent TransferRead More
// by Jon Alper
Florida residents who conduct business in other states may find themselves subject to the courts and the laws of the foreign state. Specifically, a court in another state that issues a money judgment against a Florida resident who did business in that state can enforce fraudulent transfer laws and remedies in the foreign state. Many …
Court Awards Punitive Damages For Fraudulent TransfersRead More
// by Jon Alper
Parties involved in litigation some times request financial information about the opposing parties. The requests may be expressed broadly to include proprietary or personal financials. My clients have often asked whether they can be compelled to reveal financial information to opposing parties. The answer depends upon the nature of litigation. Prior to judgment, the scope …
Discovery of Personal Financial Information During LawsuitRead More
// by Jon Alper
Florida residency is significant if bankruptcy is more than one way. A person may not claim Florida bankruptcy exemptions unless he has resided in Florida for two years. Prior to two year residency, the debtor is eligible for exemptions in the state where he most recently lived for two years. If he did not qualify …
// by Jon Alper
A Florida judgment was entered against a client for alimony and support in October 2017. The client had purchased a Florida home in 2013, but he was not a legal U.S. resident at the time having moved from Canada. He got a green card in August, 2017. He resided in the Florida home since its …
Homestead Protection From Alimony and Support JudgmentRead More
2572 W. SR 426 #1024
Oviedo, FL 32765
(407) 444-0404
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