Frequently you can't. When you review these three elements of a constructive fraudulent transfer, you still have hundreds of unanswered questions. For instance, is it fraudulent to exchange non-exempt assets for exempt (protected) assets of equal value? What if you transfer your assets at the time you have a foreseeable creditor (i.e. you expect to sign a lease)? We can go on. The fraudulent transfer laws are complex, murky, and there can be gray areas of uncertainty. Many transfers are neither clearly fraudulent nor conclusively non-fraudulent. A seasoned Asset Protection specialist can perhaps best understand the complexities and apply the nuances of these laws to best predict whether a court is likely to unwind a transfer.
