The Fraudulent Transfer Act: Pleading to show actual fraud

Commercial Litigation

By Paul B. Porvaznik

Paul B. Porvaznik is an attorney at Davis, McGrath LLC and practices primarily in the areas of commercial litigation, landlord-tenant law, mechanic’s liens and post-judgment enforcement.

Posted July 29, 2015 3:56 PM

The Illinois Fraudulent Transfer Act is a powerful creditor enforcement tool aimed at capturing assets transferred by a judgment debtor to elude a money judgment.In United Central Bank v. Sindhu, 2014 WL 3748555, the plaintiff bank obtained a $4.3 million judgment against Saad Sindhu. After initiating various citations to discover assets, United Central Bank learned that several months after the judgment, the defendant transferred three properties to his sister — including one residential property valued at more than …

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