1.             Creditors do have rights and they must be respected. A creditor can recover assets that you transferred for less than fair value and which rendered you unable to pay your creditors.

2.             Generally, only existing or foreseeable creditors can recover property that had been transferred. An existing creditor is any creditor to whom you have a present liability, whether known or unknown, actual or contingent.

3.             Actual intent to defraud the creditor is not a necessary element for the plaintiff to prove. It is sufficient for the creditor to prove that the transfer had the effect of rendering the debtor unable to pay the creditor.

4.             Creditors usually have five years to commence a fraudulent transfer case. In some states it is four years, or one year after the transfer was discovered.

5.             A fraudulent transfer can impose liability on the transferee, and in some states it is a criminal offense.

6. The best protection against a potential fraudulent conveyance claim is to shelter assets before you have creditors.