A Creditor might find that the assets the Defendant once owned are now titled in another’s name or encumbered by liens favoring other parties. This may fall within the theme of Defendant's “Asset Protection Planning.” While certain strategies to protect from liability are valid, others may fall within those that are considered fraudulent as to Creditors.
When the statutory elements of a "Fraudulent Transfer" are established, a Court can set those "transfers" aside and allow the Creditor to access those assets to satisfy its judgment. These remedies can be employed in State, Federal and Bankruptcy courts.