![]() ![]() (1) Moves property to prevent its being levied upon by an execution or (a) A person commits the offense of defrauding a judgment creditor if, with purpose to defraud and with knowledge that a civil proceeding has been or is about to be instituted, the person: Defrauding judgment creditors is a class 6 felony.įraud on creditors by removal, sale or concealment of property classificationĪ debtor who fraudulently removes his property or effects from the state, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud, hinder or delay his creditors of their rights, claims or demands, is guilty of a class 2 misdemeanor.Īrkansas (Misdemeanor or Felony) - A.C.A. A person commits defrauding judgment creditors if such person secretes, assigns, conveys or otherwise disposes of his property with the intent to defraud a judgment creditor or to prevent that property from being subjected to payment of a judgment.ī. (2) a class C felony if the loss is $750 or more but less than $25,000.ĭefrauding judgment creditors classificationĪ. (1) a class B felony if the loss is $25,000 or more (c) Defrauding creditors is a class A misdemeanor unless that secured party, judgment creditor, or creditor incurs a pecuniary loss of $750 or more as a result to the defendant's conduct, in which case defrauding secured creditors is (2) the person destroys, removes, conceals, encumbers, transfers, or otherwise deals with the person's property with intent to defraud an existing judgment creditor or ![]() (a) A person commits the crime of defrauding creditors if (b) Defrauding judgment creditors is a Class B misdemeanor.Īlaska (Misdemeanor or Felony) - AS § 11.46.730 (2) Secretes, assigns, conveys or otherwise disposes of property with intent to defraud a judgment creditor. ![]() (1) With fraudulent intent removes property subject to execution from a county to prevent it being levied upon by an execution or ![]() (a) A person commits the crime of defrauding judgment creditors if he: Note that some of the statutes which follow speak in terms of "judgment creditors", which would lead to the inference that the debtor has already had a judgment entered against her by the time the transfer is made, while others speak in terms of just "creditors" which could many anybody who has a claim, liquidated or unliquidated, and including pre-judgment claims.Īlabama (Misdemeanor) - Ala.Code § 13A-9-47 In all jurisdictions it is dangerous for a debtor to make a fraudulent transfer, or for an attorney to advise or assist in such a transfer, but in these eighteen jurisdictions that danger rises to the level of extreme. In these jurisdictions, it may also be easier for a creditor to make a case for civil conspiracy or a state RICO claim against all involved in the transfer. However, in the eighteen jurisdictions that have criminalized the making of a fraudulent transfer, it may be much easier for a creditor to win a discovery motion or for bar counsel to win discipline. Similarly, an attorney who advocates a fraudulent transfer to a client may face discipline for "dishonest conduct" even in the absence of a criminal statute. It is true that a fraudulent transfer is considered in many jurisdictions to be tantamount to a fraud such that the crime/fraud exception will apply even in the absence of criminal conduct. Second, an attorney who advocates a fraudulent transfer to a client has advocated the commission of a crime. ![]()
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