Assets in Divorce: Extraordinary Remedies for Fraudulent Transfers and Concealment
Receivership, Sequestration, and Other Methods of Enforcing Monetary Obligations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Family Law
- event Date
Wednesday, January 10, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Mr. Schwartz represents clients throughout Illinois in all phases of litigation in state and federal court. He started his career at Davidson & Schwartz, handling a wide variety of civil litigation cases, including contract disputes, fraudulent transfers, accounting, condominium law and bankruptcy. After spending 12 years with the firm, Mr. Schwartz left to become a partner at Sugar, Friedberg & Felsenthal, LLP, where he focused his work on fraudulent transfers, business litigation and complex collections issues. Mr. Schwartz founded his own firm in 2007, and was joined by Tom Kanyock in 2009. They founded Schwartz & Kanyock, LLC in 2011 to fulfill their mutual goal of providing clients with top-quality business litigation services. Mr. Schwartz is perhaps best known for his skills in fraudulent transfer litigation. He serves as co-counsel for cases involving this area of law across the United States. He has also written numerous articles for the Illinois Bar Journal, as well as part of a treatise for the Illinois Institute for Continuing Legal Education, and lectures to educate fellow attorneys on fraudulent transfer litigation.

Mr. Conlon is one of the leading divorce attorneys in Rhode Island and the surrounding region. He is well-versed in difficult family law conflicts such as divorce, child custody, visitation, child/spousal support, interstate relocation, property division, and more. Mr. Conlon has handled contentious divisions and reorganizations of marital businesses, both on behalf of the acquiring and the selling spouse. Perhaps one of his strongest assets is his skill and tenacity in digital discovery during family law cases, uncovering hidden assets and other secrets the other party may be hiding during a divorce or separation.
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.
Outline
- Available remedies for preserving and clawing back marital assets
- Injunctive relief
- Receivership
- Sequestration
- Fraudulent Transfer Avoidance Actions
- Timing considerations
- Pre-discovery
- Discovery
- Pre-trial
- Post-judgment
- 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
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