Transaction planning considers the use of various types of transfers to take non-exempt assets off the debtor’s balance sheet and thus render those assets unavailable to creditors. A goal of transaction planning is to avoid the application of the fraudulent transfer laws, which typically requires that the planning be done well in advance of any financial troubles suffered by the debtor.

• Equity Stripping
  http://www.assetprotectionbook.com/a2_asset_protection_transactions_equity_stripping.htm
  Equity Stripping is the process of selling equity or encumbering equity with debt so that if a creditor attaches an asset there is effectively little or nothing for the creditor to receive upon the creditor’s sale of the asset.

• 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.

• Premium Financing Facilities
  http://www.assetprotectionbook.com/a2_asset_protection_transactions_premium_financing.htm
  Describes methods of financing the premiums for typically large life insurance policies, thus facilitating moving the insurance policy outside the estate, equity stripping the value of real property and other assets from creditors, and other unique planning benefits.

• Accounts Receivable Leveraging
  http://www.assetprotectionbook.com/a2_asset_protection_transactions_accounts_receivable.htm
  Discusses the leveraging of the accounts receivables of a business for asset protection and other purposes.

• Annuitization
  http://www.assetprotectionbook.com/a2_asset_protection_transactions_private_annuities.htm
  Use of annuities for creditor-protected wealth transfers.

  • A Private Annuity Primer, contributed by tax attorney Joseph Petrucelli, LLM, discusses the basic tax treatment of private annuities.

  • Stupid Private Annuity Tricks -- A list of common mistakes made in private annuity planning, by Joseph Petrucelli, JD, LL.M.

  • Notice Regarding Proposed Changes - Some Private Annuity Transactions Restricted, But Many Transactions Remain Advantageous

    Proposed Tax Changes
    regulations that provide guidance on the taxation of the exchange of property for an annuity contract.

     

Adkisson's Captive Insurance Companies: An Introduction to Captives, Closely-Held Insurance Companies and Risk Retention Groups

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