Corporations

The corporate entity is one of the oldest asset protection forms, and has been created by the legislatures for the very purpose of asset protection: To insulate the liabilities of the entity away from its investors.

• 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.

• Nevada Corporations
  http://www.assetprotectionbook.com/a2_asset_protection_entities_nevada_corporation.htm
  Secrecy statutes, bearer shares, and Nevada's non-cooperation with the IRS has made this entity a marketer's dream. But is there any real substance behind the hoopla?

• Employee Stock Ownership Plans (ESOPs)
  http://www.assetprotectionbook.com/a2_asset_protection_entities_employee_stock_ownership_plan.htm
  Employee Stock Ownership Plans (ESOPs) are qualified retirement plans that corporate employers may establish to provide benefits in the form of ownership in the corporation for which the employee works and any of its related companies.

• Reinvoicing / Transfer Pricing
  http://www.assetprotectionbook.com/reinvoicing
  Establishing an intermediary company offshore to divert profits. The IRS has some of its strongest powers to fight these structures.

Drafting Limited Liability Company Operating Agreements
An LLC Practice Manual
By John M. Cunningham

The all-time asset protection

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This website is by far the largest and most comprehensive creditor-debtor and asset protection resource available anywhere. This website hosts thousands of pages of articles, cases, statutes, analysis, and many other resources to assist planners and judgment collection professionals in researching contemporary creditor-debtor issues.

While the articles and analysis on this website are most often drafted from a planner's point of view, creditor attorneys and judgment collection professionals will also find many of these resources to be highly useful. We have tried whenever possible to be balanced in our analysis by pointing out strengths and weaknesses in different structures and strategies from both the planner's and creditor's viewpoint.

This website was primarily created to support our book Asset Protection: Concepts and Strategies (McGraw-Hill 2004). Because of the publishing agreement with McGraw-Hill Companies, Inc., certain articles which were used as the basis for that book have been withdrawn from internet publication. It is suggested that the book be used as the primary resource, and that the other materials on this website should be used as supporting materials only as needed.

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