Professional Practice Concerns

While the practice area known as asset protection has become mainstream, the discussion of the professional ethics associated with the issues arising from asset protection planning have not. This section offers guidance to attorneys about what is ethically permissible or not, and also issues relating to the planners’ potential liability if creditors are unjustly harmed.

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

• Planner Liability
  http://www.assetprotectionbook.com/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/irs_and_tax_liability.htm
  Discussion and collection of opinions relating to planning designed to thwart the IRS's collection of tax debts, and why it may be considered to be criminal in nature.

Cases

• In re Galaxy Computer Services, Inc., 2004 WL 3661433 (E.D.Va. 2004) -- Crime-Fraud Exception to Attorney-Client Privilege applies in Fraudulent Transfer case.

• In re Andrews, 186 B.R. 219 (E.D.Va. 1995) -- Crime-Fraud Exception to Attorney-Client Privilege applies in Fraudulent Transfer context.

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About AssetProtectionBook.com

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agreement with McGraw-Hill Companies, Inc., certain articles which were used as the basis for that book have been withdrawn from internet publication.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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