Business Litigation: Our Track Record Speaks Volumes
In any profession, results are the only real barometer. This definitely enters the picture when it comes to business litigation. Our Irvine business litigation attorneys have decades of combined experience, and we are led by one of the most accomplished business litigation lawyers in California. Gregory G. Brown, Esq., is a Certified Specialist in Civil Trial Advocacy. This puts him in a very rarefied position, because there are only about 150 attorneys in the state that have earned this distinction.
We have a great deal of expertise when it comes to all types of common business disputes. One situation that we run into frequently is fraudulent transfer or fraudulent conveyance cases. In some instances, a person will transfer money to another person or entity to prepare for a potential judgment. So, if you get a judgment against a debtor who has done this, they would claim that they have nothing to take.
The Irvine business litigation attorneys at our firm can definitely provide assistance if you are in this position, and we have a thorough understanding of all relevant laws. There is a statute called the Uniform Fraudulent Transfer Act (UFTA) that is applicable here. Under this law, there are two tests that are applied to determine if the transfer was in fact fraudulent.
Intent is the first factor that is measured. If the transfer was clearly intended to defraud a litigant seeking redress, it is considered to be a fraudulent conveyance. A number of factors are weighed to make this determination. One of them is the relationship that the person receiving the assets had with the individual making the transfer.
Two other question would be asked. Did the person that conveyed the assets do it in a secretive manner, and did the transfer occur after legal actions were initiated or imminent? These are a couple of additional relevant factors that are examined, but there are several others.
The other part of the test is rather simple and straightforward. Did the debtor receive something in return for the transfer that was of relatively equal value? After all, people do not usually give others significant sums of money without getting something of value in return.
When clients come into our office to discuss fraudulent conveyance cases with us, we gain an understanding of all the relevant facts. If there is a case to be made, you can rest assured that we will make it quite vigorously. Under the terms of the Uniform Fraudulent Transfer Act, we can urge the court to place a lien on the assets that were transferred in a fraudulent manner.
It is also possible to obtain a judgment against the individual or entity that received the fraudulent transfer. We have gone to trial on these issues in the past, and as we stated in the opening, our record of success speaks for itself. You can rest assured that you will get the best possible advocacy if you engage our firm to represent you in a fraudulent transfer case.
Schedule a Consultation Today!
If you would like to speak with one of our Irvine business litigation attorneys about a fraudulent conveyance or any other matter, our doors are open. Our regular office hours provide a substantial window of availability, and we can arrange after hours or weekend appointments for clients that cannot get away during typical business hours.
If you are ready to schedule a consultation, we can be reached by phone at 714-406-4434. There is also a contact form on this website that you can use to send us a message if you would prefer to reach out electronically.