![]() ![]() There are reasons, other than a sale, why a debtor may transfer assets or convert assets without intending to hinder or delay creditors. When the debtor receives cash or another asset of reasonably equivalent value as part of a sale, the creditor can levy or garnish what the debtor has received from the sale. The debtor’s transfer of an asset to a third party for reasonable value is not a fraudulent transfer-it is a sale. Conveyances made with the primary intent other than creditor avoidance are not prohibited or reversible. Not all transfers or conversions that move assets beyond a creditor’s reach are fraudulent. How to Defend a Fraudulent Conveyance Claim Fraudulent conveyance liability stems from the moment someone becomes aware of potential liability. Important: People often mistakenly think that transfers or conversions of assets are OK if the creditor has not yet filed a lawsuit. A debtor’s conveyance is not immune from fraudulent conveyance issues just because no creditor has obtained a judgment or filed a lawsuit. The court must consider the debtor’s explanation of a conveyance to determine whether it was intended primarily to defeat creditors.Ī debtor’s transfer or conversion of property made after a creditor has a claim against the debtor is vulnerable to fraudulent conveyance allegations. These factors, and others, are referred to as “ badges of fraud.” However, just because a transfer involves one or more badges of fraud does not necessarily make that transfer fraudulent against creditors. The trial court must infer the debtor’s intent from the facts of each situation.įor example, a court examining the debtor’s intent could consider whether a transfer was made to a debtor’s family member, whether a transfer was concealed, whether the debtor retained effective use and control over the property transferred, or whether the transfer rendered the debtor insolvent. ![]() Debtors will not typically admit that their transfers or conversions were intended to protect against creditor collection. Conveyances are fraudulent if the debtor made the conveyance with the intent to hinder or delay creditor collections. The debtor’s intent is an essential element of a fraudulent conveyance. Get Started Here Fraudulent Conveyance: Intent to Hinder or Delay Collection ![]() The Florida fraudulent transfer statute defines a transfer as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.” An example of fraudulent conversion is the debtor spending their non-exempt cash to purchase an exempt annuity. Moving money or other assets to a new location is not a transfer if the debtor has not changed ownership or title to the asset.Ī fraudulent conversion is a debtor’s conversion of non-exempt property to a different type of property, still owned by the debtor, that is exempt or immune from creditor attack. An example of a fraudulent transfer is transferring the legal title of property or registration of a financial account to the name of a debtor’s spouse or child. Florida Fraudulent Transfer Statute of LimitationsĪ fraudulent conveyance can be either a fraudulent transfer or a fraudulent conversion.Procedure Creditors Use to Challenge Fraudulent Conveyance.What Can a Creditor Do About a Fraudulent Conveyance?.How to Defend a Fraudulent Conveyance Claim.Fraudulent Conveyance: Intent to Hinder or Delay Collection.
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![]() The losing team will still have a chance to earn the eighth seed in the NBA Playoffs for its conference. The winning team will be the seventh seed in the NBA Playoffs for its conference. ![]() The team with the seventh-highest winning percentage in its conference will host the team with the eighth-highest winning percentage in the same conference. Here is an overview and schedule of the games in each conference: What is the structure of the Play-In Tournament? The teams with the ninth-highest and 10th-highest winning percentages in each conference will each have to win two consecutive games to earn a playoff spot. The teams with the seventh-highest and eighth-highest winning percentages in each conference will each have two opportunities to win one game to earn a playoff spot. How can each team participating in the Play-In Tournament earn a spot in the NBA Playoffs? The Play-In Tournament will have three games in each conference for a total of six games. How many games will be played in the Play-In Tournament? The AT&T NBA Play-In Tournament continues Friday, April 14. The participants will be the teams with the seventh-highest through the 10th-highest winning percentages in each conference.Īfter securing victories on the road, both Chicago and Oklahoma City remain in contention for the #8 playoff seed in their respective conference. Who will compete in the Play-In Tournament?įour teams in each conference will compete in the Play-In Tournament. The Play-In Tournament will take place Tuesday, April 11 – Friday, April 14, with the games played after the regular season concludes and before the first round of the NBA Playoffs begins. The AT&T Play-In Tournament will determine the teams that fill the seventh and eighth playoff seeds in each conference for the 2023 NBA Playoffs presented by Google Pixel. For the 2022-23 NBA season, the Play-In Tournament will take place April 11-14, 2023, between the last day of the regular season on April 9 and the start of the playoffs on April 15, and it will include the teams with the seventh-highest through the tenth-highest winning percentages in each conference. ![]() Refer to the page, Independent Contractor (Self-Employed) or Employee? or Publication 15-A, Employer's Supplement Tax Guide, for more information.In July 2022, the NBA Board of Governors approved the adoption of the NBA Play-In Tournament on a full-time basis using the same format that was in place for the 2020-22 seasons. However, your earnings as an employee may be subject to FICA (social security tax and Medicare) and income tax withholding. If an employer-employee relationship exists (regardless of what the relationship is called), then you are not an independent contractor and your earnings are generally not subject to self-employment tax. What matters is that the employer has the legal right to control the details of how the services are performed. This applies even if you are given freedom of action. You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). To find out what your tax obligations are, visit the Self-Employed Individuals Tax Center. The earnings of a person who is working as an independent contractor are subject to self-employment tax. If you are an independent contractor, then you are self-employed. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. ![]() However, whether these people are independent contractors or employees depends on the facts in each case. People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. |
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