Asset Protection Topical Index

We provide the only substantial on-line and free topical databases containing the actual text of statutes and court opinions on many debtor-creditor subjects. Our unique collection of statutes and court opinions relating to asset protection issues numbers well into the thousands, and our research has long been utilized by America’s top business and estate planners to help them formulate strategies and solutions for their clients’ legal risk management needs.

Please note that the law is not static but evolving, and recent cases may materially affect our research and conclusions drawn therein. Thus, these materials should not be considered exhaustive or relied upon for any purposes whatsoever. They should instead just be a starting point for any research on these topics. Also, one should heed the litigator’s adage that “general rules are generally inapplicable” meaning that general statements of the law are not necessarily controlling in particular circumstances, and the research below is not meant as and is not any substitute for proper legal advice and counseling on these subjects, and is certainly not a substitute for the professional guidance of a licensed attorney in the relevant jurisdiction.

Exemption Planning

• Homestead Exemptions
  http://www.assetprotectionbook.com/a2_asset_protection_exemption_homestead.htm
  State-by-state links to each state’s homestead statutes and to key opinions interpreting the homestead exemptions in each state.

• Life Insurance and Annuity Exemptions
  http:/www.assetprotectionbook.com/life_insurance_exemptions.htm
  State-by-state links to each state’s statutes discussing exemptions for life insurance and annuities and to key opinions interpreting the exemptions in each state.

• ERISA’s Anti-Alienation Provisions
  http://www.assetprotectionbook.com/a2_asset_protection_exemption_erisa_welfare_benefit_plan.htm
  Includes the text of 29 U.S.C. § 1056(d)(1) and select opinions interpreting that provision as it relates to debtor-creditor issues.

Business Entity Planning

• Charging Orders
  http://www.assetprotectionbook.com/a2_asset_protection_entities_charging_order_protected.htm
  Discussion of charging order protection for partnership and LLC entities in the asset protection context, including a list of the major opinions involving charging order protection.

• Alter Ego
  http://www.assetprotectionbook.com/a2_asset_protection_entities_alter_ego.htm
  Discussion of the alter ego argument as utilized by creditors to break through the liability containment of business entities, including a list of the major opinions involving alter ego arguments in the debtor-creditor context.

• Reverse Alter Ego
  http://www.assetprotectionbook.com/a2_asset_protection_entities_reverse_alter_ego.htm
  Discussion of the development of the new legal theory that allows the creditor of a shareholder of a corporation invade the corporation’s assets to satisfy the shareholder’s judgment.

Trust Planning

• Foreign Asset Protection Trusts (a/k/a “Offshore Trusts”)
  http://www.assetprotectionbook.com/a2_asset_protection_trusts_foreign_fapt_offshore.htm
  Includes a synopsis of each significant case involving offshore trusts, a copy of the opinion where available, and other interesting documents relating to the case. Also includes the texts of the Cook Islands and Nevis trust statutes, and commentary about the efficacy of FAPTs in planning.

• Domestic Asset Protection Trusts
  http://www.assetprotectionbook.com/a2_asset_protection_trusts_domestic_dapt.htm
  Includes a discussion of theoretical weaknesses in DAPTs, and links to the major DAPT statutes.

• Spendthrift Trust Provisions
  http://www.assetprotectionbook.com/a2_asset_protection_trusts_spendthrift.htm
  A collection of landmark opinions from each state interpreting spendthrift trust provisions in the debtor-creditor context.

• Exotic Trust Arrangements and Pseudo Trusts
  http://www.assetprotectionbook.com/a2_asset_protection_trusts_exotic.htm
  Arrangements that are unfamiliar to U.S. planning, including private trust company arrangements, purpose trusts, and foreign foundations.

Fraudulent Transfers

• Fraudulent Transfers
  http://www.assetprotectionbook.com/a2_asset_protection_transactions_fraudulent_transfer.htm
  Includes the text of the Uniform Fraudulent Transfers Act (UFTA), drafters’ comments, our analysis, and state-by-state links to major opinions interpreting UFTA and similar fraudulent transfer laws.

  • The text of the UFTA itself

  • Examples of recent case law interpreting various provisions of the UFTA

  • Our own explanations and analysis.

  • The history of the UFTA and drafter's comments

  • Civil Conspiracy

    • Civil conspiracy arising from fraudulent transfers

Asset Protection Planning Practice Issues

• Ethical Issues – [Coming Soon]
  A collection of major attorney ethical opinions dealing with debtor-creditor planning issues.

• Planner Liability
  http://www.assetprotectionbook.com/a2_asset_protection_professional_concerns_planner_liability.htm
  A collection of opinions regarding the liability of debtors’ planners to creditors for aggressive, egregious and sometimes fraudulent planning.

• Asset Protection Against the IRS?
  http://www.assetprotectionbook.com/a2_asset_protection_professional_concerns_federal_tax_liability.htm
  Discussion and collection of opinions relating to planning designed to thwart the IRS's collection of tax debts.