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Assets in Divorce: Extraordinary Remedies for Fraudulent Transfers and Concealment

Receivership, Sequestration, and Other Methods of Enforcing Monetary Obligations

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 10, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss some often overlooked, but highly effective, remedies to preserve and/or reacquire concealed or fraudulently transferred assets that can then be used to meet the party's financial obligations arising in the divorce.

Description

If one spouse is dissipating or absconding with marital assets, it can be difficult to identify and locate, value, and access the entire marital estate. Enjoining these activities is just the first step. Counsel must be able to prevent any third parties from further transferring them and hopefully recover the asset or its value.

If the marital estate contains sufficient other assets, the Court may adjust the distribution among the spouses, so the non-dissipating / transferring spouse receives compensation for what was removed. The Court may appoint a receiver to prevent the loss of further assets. If the dissipating spouse has removed substantially all of the assets and put them “out of reach,” the Court may employ the Uniform Fraudulent Transfer Act, which permits the non-dissipating spouse to try and “claw back” the assets from the party / parties who received those assets.

Listen as our distinguished panel discusses the benefits of this and other extraordinary remedies available to family law attorneys trying to preserve marital assets or enforce interim and final support orders in divorce proceedings.

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Outline

  1. Available remedies for preserving and clawing back marital assets
    1. Injunctive relief
    2. Receivership
    3. Sequestration
    4. Fraudulent Transfer Avoidance Actions
  2. Timing considerations
    1. Pre-discovery
    2. Discovery
    3. Pre-trial
    4. Post-judgment
  3. Case law

Benefits

The panel will review these and other key issues:

  • Critical distinctions between the appointment of receivers in divorce cases versus civil matters
  • Interplay with other available remedies, such as appointment of discovery masters and motions to join parties to the litigation
  • Considerations prior to seeking extraordinary remedies

Faculty

Conlon, Timothy
Timothy J. Conlon

Partner
Burns & Levinson

Mr. Conlon is one of the leading divorce attorneys in Rhode Island and the surrounding region. He is well-versed in...  |  Read More

Schwartz, Andrew
Andrew R. Schwartz

Managing Member
Schwartz & Kanyock

Mr. Schwartz represents clients throughout Illinois in all phases of litigation in state and federal court. He started...  |  Read More

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