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ASSET PROTECTION
This section discusses general issues about the nature, goals, objectives and morality of asset protection planning. Specific planning strategies and tactics are discussed in other sections below.
Topical Research -- Lexicon -- Sitemap -- Search -- Blog
Newsletter Subscription -- Newsletter Current & Past Issues -- Discussion
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This section discusses general issues about the nature, goals, objectives and morality of asset protection planning. Specific planning strategies and tactics are discussed in other sections below.
Topical Research -- Lexicon -- Sitemap -- Search -- Blog
Newsletter Subscription -- Newsletter Current & Past Issues -- Discussion
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SPECIFIC INDUSTRY CONCERNS
This section discusses industry-specific or needs-specific issues in asset protection planning.
Asset Protection for Physicians -- Series LLCs for Aircraft
Asset Protection for Corporate Officers and Directors
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SPECIFIC INDUSTRY CONCERNS
This section discusses industry-specific or needs-specific issues in asset protection planning.
Asset Protection for Physicians -- Series LLCs for Aircraft
Asset Protection for Corporate Officers and Directors
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PROFESSIONAL PRACTICE CONCERNS
Resources for determining when debtor planning can properly be done, and the consequences to planners of doing asset protection in circumstances where it should not be done.
Asset Protection Against the IRS? -- Civil Conspiracy Article -- Civil Conspiracy
Planner Liability -- Morality of Asset Protection Planning - Ethical Issues
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PROFESSIONAL PRACTICE CONCERNS
Resources for determining when debtor planning can properly be done, and the consequences to planners of doing asset protection in circumstances where it should not be done.
Asset Protection Against the IRS? -- Civil Conspiracy Article -- Civil Conspiracy
Planner Liability -- Morality of Asset Protection Planning - Ethical Issues
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JUDGMENT COLLECTIONS
Creditor-debtor litigation issues as they relate to either designing and implementing effective asset protection plans or to unwinding abusive and improper asset protection plans.
U.S. Department of Justice, Tax Division Judgment Collection Manual
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JUDGMENT COLLECTIONS
Creditor-debtor litigation issues as they relate to either designing and implementing effective asset protection plans or to unwinding abusive and improper asset protection plans.
U.S. Department of Justice, Tax Division Judgment Collection Manual
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EXEMPTION PLANNING
Exemption planning considers the use of statutory exemptions from collections as set forth by either Congress or the state legislatures. The goal of such planning is to maximize the debtor's use of the available exemptions. The debtor's fullest use of exemption planning may be significantly restricted by the 2005 changes to the Bankruptcy Code, unless the planning is done well in advance.
Homestead Exemptions -- Deferred Compensation Plans
ERISA’s Anti-Alienation Provisions -- Bankruptcy -- Insurance -- Introduction to Insurance
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EXEMPTION PLANNING
Exemption planning considers the use of statutory exemptions from collections as set forth by either Congress or the state legislatures. The goal of such planning is to maximize the debtor's use of the available exemptions. The debtor's fullest use of exemption planning may be significantly restricted by the 2005 changes to the Bankruptcy Code, unless the planning is done well in advance.
Homestead Exemptions -- Deferred Compensation Plans
ERISA’s Anti-Alienation Provisions -- Bankruptcy -- Insurance -- Introduction to Insurance
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BUSINESS ENTITIES
The state legislatures have long recognized the advantages of allowing business entities to offer limited liability to their investors. Thus, a staple of asset protection planning is the use of corporations, partnerships, and hybrid entities such as limited liability companies.
Alter Ego -- Corporations -- Partnerships and LLCs -- Charging Orders
The Series LLC Center -- Captive Insurance and RRGs
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BUSINESS ENTITIES
The state legislatures have long recognized the advantages of allowing business entities to offer limited liability to their investors. Thus, a staple of asset protection planning is the use of corporations, partnerships, and hybrid entities such as limited liability companies.
Alter Ego -- Corporations -- Partnerships and LLCs -- Charging Orders
The Series LLC Center -- Captive Insurance and RRGs
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TRUSTS AND FOUNDATIONS
One of the traditional techniques for protecting assets, going back literally hundreds years of Anglo-American jurisprudence, trusts offer tremendous benefits when used appropriate circumstances and often are underutilized for planning. Caution, however, that certain transfers to trusts and types of trusts have been voided by the state legislatures or by Congress in the bankruptcy code.
Spendthrift Trust Provisions -- Dynasty Trusts for Generational Planning
Domestic Asset Protection Trusts -- Foreign Asset Protection Trusts
Uniform Trust Code -- Exotic Trust Arrangements and Pseudo Trusts
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TRUSTS AND FOUNDATIONS
One of the traditional techniques for protecting assets, going back literally hundreds years of Anglo-American jurisprudence, trusts offer tremendous benefits when used appropriate circumstances and often are underutilized for planning. Caution, however, that certain transfers to trusts and types of trusts have been voided by the state legislatures or by Congress in the bankruptcy code.
Spendthrift Trust Provisions -- Dynasty Trusts for Generational Planning
Domestic Asset Protection Trusts -- Foreign Asset Protection Trusts
Uniform Trust Code -- Exotic Trust Arrangements and Pseudo Trusts
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TRANSACTIONS AND TRANSFERS
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.
Annuitization -- Equity Stripping -- Fraudulent Transfers
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TRANSACTIONS AND TRANSFERS
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.
Annuitization -- Equity Stripping -- Fraudulent Transfers
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INTERNATIONAL AND OFFSHORE PLANNING
The use of foreign jurisdiction for asset protection planning offers certain advantages and disadvantages. Unfortunately, the marketing hype of offshore planning has seemingly drowned out any rational discussion of whether such planning is necessary or worth the reporting hassles in most cases.
Offshore Asset Protection - Where We Are Now -- Hiding Money Offshore
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INTERNATIONAL AND OFFSHORE PLANNING
The use of foreign jurisdiction for asset protection planning offers certain advantages and disadvantages. Unfortunately, the marketing hype of offshore planning has seemingly drowned out any rational discussion of whether such planning is necessary or worth the reporting hassles in most cases.
Offshore Asset Protection - Where We Are Now -- Hiding Money Offshore
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STATE RESOURCES
We provide the best state-by-state coverage of debtor-creditor issues as they relate to asset protection planning, including
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STATE RESOURCES
We provide the best state-by-state coverage of debtor-creditor issues as they relate to asset protection planning, including
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OTHER ARTICLES & PUBLICATIONS
A list of other articles and publications by Jay Adkisson and Chris Riser.
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OTHER ARTICLES & PUBLICATIONS
A list of other articles and publications by Jay Adkisson and Chris Riser.
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ASSET PROTECTION BOOK CHAPTERS
The following webpages supplement "Asset Protection: Concepts and Strategies" by Jay Adkisson and Chris Riser, and lead to supplementary materials, give errata, definitions, etc.
Chapter 1: Introduction to Asset Protection
Chapter 2: What is Asset Protection?
Chapter 3: Issues of Morality in Asset Protection
Chapter 4: Goals of Asset Protection
Chapter 5: Asset Protection Litigation
Chapter 6: Fraudulent Transfer and Bankruptcy Considerations
Chapter 7: Offshore Planning
Chapter 8: Methodology of Asset Protection
Chapter 9: Statutory Exemption Planning
Chapter 10: Collateralization
Chapter 11: Trusts for Asset Protection
Chapter 12: Spendthrift Trusts and Discretionary Trusts
Chapter 13: The Domestic Asset Protection Trust (DAPT)
Chapter 14: The Foreign Asset Protection Trust (FAPT)
Chapter 15: Foreign Trusts Control
Chapter 16: Introduction to Share Structures
Chapter 17: Domestic Corporations
Chapter 18: Foreign Corporations and IBCs
Chapter 19: Charging Order Protected Entities
Chapter 20: Domestic COPEs and Series LLCs
Chapter 21: Foreign COPEs
Chapter 22: Management Companies, Leasing Companies
Chapter 23: Advanced Life Insurance and Annuity Strategies
Chapter 24: Captive Insurance Companies
Chapter 25: Other Advanced Methodologies
Chapter 26: Specific Situations & Conclusions
ASSET PROTECTION BOOK CHAPTERS
The following webpages supplement "Asset Protection: Concepts and Strategies" by Jay Adkisson and Chris Riser, and lead to supplementary materials, give errata, definitions, etc.
Chapter 1: Introduction to Asset Protection
Chapter 2: What is Asset Protection?
Chapter 3: Issues of Morality in Asset Protection
Chapter 4: Goals of Asset Protection
Chapter 5: Asset Protection Litigation
Chapter 6: Fraudulent Transfer and Bankruptcy Considerations
Chapter 7: Offshore Planning
Chapter 8: Methodology of Asset Protection
Chapter 9: Statutory Exemption Planning
Chapter 10: Collateralization
Chapter 11: Trusts for Asset Protection
Chapter 12: Spendthrift Trusts and Discretionary Trusts
Chapter 13: The Domestic Asset Protection Trust (DAPT)
Chapter 14: The Foreign Asset Protection Trust (FAPT)
Chapter 15: Foreign Trusts Control
Chapter 16: Introduction to Share Structures
Chapter 17: Domestic Corporations
Chapter 18: Foreign Corporations and IBCs
Chapter 19: Charging Order Protected Entities
Chapter 20: Domestic COPEs and Series LLCs
Chapter 21: Foreign COPEs
Chapter 22: Management Companies, Leasing Companies
Chapter 23: Advanced Life Insurance and Annuity Strategies
Chapter 24: Captive Insurance Companies
Chapter 25: Other Advanced Methodologies
Chapter 26: Specific Situations & Conclusions
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