Debtors have been scheming to make themselves broke on paper since the dawn of lending. The leading common law case is Lord Twyne’s Case, decided in 1601. The case gave us the ‘badges of fraud’ which informs the UFTCA. Every state has adopted some form of the model act, and there’s a federal version embedded in the bankruptcy code.
The act is extremely creditor-friendly, allowing for attorney’s fees, additional actual damages and punitive damages. It kicks in early, allows for transfers to be set aside, and most importantly, values what the debtor received from the creditor’s point of view. The net of possible defendants is thrown very wide: it includes the recipients of the transfers, as well as the professionals who conspired with the debtor to protect the assets.
This is like shooting fish in a barrel with a shotgun. Debtors never have a plausible explanation for the transfers. I love these cases. There is no way in Hell Mr. Jones can explain any of this (‘tax reasons?’ my ass) to the Sandy Hook plaintiffs/judgment creditors or his wife in the divorce. Pursued aggressively he’s toast.
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