- videocam On-Demand Webinar
- signal_cellular_alt Intermediate
- card_travel Family Law
- schedule 90 minutes
Assets in Divorce: Extraordinary Remedies for Fraudulent Transfers and Concealment
Receivership, Sequestration, and Other Methods of Enforcing Monetary Obligations
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About the Course
Introduction
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.
Presented By
Mr. Conlon, Partner, is the Practice Leader for DarrowEverett’s Private Client Group and Co-Chair of our Family Law Practice Group. His practice concentrates on complex family court litigation, and civil cases on behalf of children abused in the care of others. Throughout Mr. Conlon's career, he has handled challenging cases at the forefront — from computer crime investigations in the 1980s to chairing and settling Rhode Island’s clergy abuse cases on behalf of dozens of victims, all while cutting new ground in contentious family court litigation. He regularly serves as lead counsel in complex divorces with high-net worth, multiple business assets, intergenerational trusts, and testifying experts, and has worked with the leading forensic accountants and forensic psychologists in the region. Mr. Conlon has appeared on NBC Nightly News and ABC World News Tonight, and has been quoted in publications including The New York Times, Wall Street Journal, and frequently The Boston Globe and Providence Journal, on issues relating to institutional child sexual abuse, teacher and coach misconduct, but also family law, spousal snooping, and child mistreatment issues.
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.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, January 10, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
- 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
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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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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