Welcome to the website of Riser Adkisson LLP, which 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. - Again, this website was primarily set up 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agreement with McGraw-Hill Companies, Inc., certain articles which were used as the basis for that book have been withdrawn from internet publication.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.
We're planning a 10-day Wealth Planning Cruise from San Diego to Mexico and the Sea of Cortez for Fall, 2007, aboard Holland America Lines. Stay tuned!
This website was created by two of the most respected advisors in asset protection. Both Jay and Chris are regular speakers at seminars and conferences hosted by the American Bar Association, state bar associations, and numerous other professional groups nationwide. They are also both contributors to the American Bar Association's publication on asset protection planning.
Jay Adkisson
Attorney since 1988, and admitted to practice in Oklahoma and Texas.
Expert witness to the U.S. Senate Finance Committee, and a frequent speaker at various events on asset protection, captive insurance, and related topics, including to various groups of the U.S. Internal Revenue Service.
Expert on ABC's 20/20 and has been often quoted in Forbes, the Wall Street Journal, the Financial Times, and numerous other publications.
You can read more about Jay and his professional affiliations, educational background, and frequent speaking appearances on his personal website.
Chris Riser
Chris Riser is an attorney admitted to practice in Georgia and North Carolina
Current Chair of the American Bar Association's Asset Protection Planning Committee.
Veteran of the first Gulf War, having served in military intelligence.
Asset Protection: Concepts and Strategies (McGraw-Hill 2004) is the all-time best-selling book on asset protection. It is also perhaps the most highly praised and conservative treatment of the subject. Read more about the book and reader comments here
April 24-25 - Miami, FL - Jay Adkisson will present "Captive Insurance Companies" at the 5th OffshoreAlert Financial Due Diligence Conference at the Intercontinental Hotel. - - May 2, 2007 - Detroit - Jay Adkisson to present "Asset Protection: 10 Things You Must Know"at the 20th Annual Michigan Tax Conference sponsored by the State Bar of Michigan
May 29-30, 2007 - Irvine, CA - Jay Adkisson to present "Tax and Financial Frauds: Old Scams Repackaged" at the Annual Orange County (OC) Institute of Internal Auditors (IIA) Fraud, Threats & Risk Seminar at the Irvine Sports Club LA, with Sheriff Michael Carona and District Attorney Tony Rackauckas
- Asset Protection for Aviators and Aircraft Owners - 831(b) Captive Insurance Companies - 419(e) Welfare Benefit Plans - U.S. v. Townley - In re Ehmann -- Round II - In re Baldwin - Is Your Corporation Really Protecting Your Assets? - The B.S. Behind Nevada Bearer Shares - Asset Protection Short Summaries - California Franchise Tax Board Taxes Separately Each Series of a Series LLC - The Private Trust Company - Introducing the Ownership Continuity and Control Plan - Why Congress is About to Declare War on Pretty Much Everything Offshore - Private Placement Life Insurance Deal Implodes - Report from Quatloosia
Current updates, including the actual text of court opinions and new statutes, is provided in our unique Asset Protection Blog that you can visit by clicking here
We formed Riser Adkisson LLP to provide clients with a conservative choice for their asset protection and wealth planning needs. Our firm has its main office in the Atlanta area, but we have attorney licensed in several states including Georgia, New Jersey, North Carolina, Oklahoma and Texas. We also provide attorneys in many other states with assistance in handling the needs of their clients.
Our practice revolves around creditor-debtor law, tax and estate planning, and general business planning. Jay Adkisson is still actively involved in litigation, both defending and busting asset protection arrangements, while Chris handles advanced estate and tax planning matters, including international planning.
We are a process-oriented firm, as opposed to a product-oriented firm. We do not simply offer a couple of cookie-cutter solutions to our clients as most asset protection firms do. Instead, we treat each client uniquely and use a customized approach to tailor solutions for each client's particular needs. We achieve this objective by undertaking a process that first involves a thorough evaluation of the client's situation, and then designing a structure and solutions that directly addresses those needs.
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.
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.
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.
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.
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.
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.
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.
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.
The following webpages supplement "Asset Protection: Concepts and Strategies" by Jay Adkisson and Chris Riser, and lead to supplementary materials, give errata, definitions, etc.
March 26, 2007 - San Bernadino, CA - Jay Adkisson presented "Intermediate Asset Protection" at the seminar Attorneys' Guide to Asset Protection by the National Business Institute. - - - March 23-24, 2007 - Anaheim, CA - Jay Adkisson presented "The Final Stiff: Asset Protection Post-Death" at the seminar Fundamentals of Trust Administration by the California Continuing Education of the Bar - -
May 7-8, 2007 - 
May 29-30, 2007 - 
March 26, 2007 - 
March 23-24, 2007 - 
