Ch. 3: Issues of Morality in Asset Protection

• Asset Protection and Commercial Relationships

Synopsis: The example is given of the businessman who borrows money from the bank to finance his business, and discusses under what circumstances it would be appropriate or inappropriate for the businessman to engage in asset protection planning.

• Asset Protection and Fiduciaries

Synopsis: The example is given of the stockbroker and his investor clients who lose money because of his actions, and discusses under what circumstances it would be appropriate or inappropriate for the stockbroker to engage in asset protection planning.

• Asset Protection and Divorce

Synopsis: The example is given of the husband who anticipates a divorce from his wife, and discusses under what circumstances it would be appropriate or inappropriate for the husband to engage in asset protection planning.

• Application of Moral Issues

Synopsis: Discusses the close relationship of moral issues in creating an asset protection plan to ultimate success or failure of the plan in the courtroom.

• The Asset Protection Planner as Final Arbiter

Synopsis: Discusses that an asset protection plan can unfairly defeat even a legitimate creditor, and that the planner thus effectively becomes the judge of which of the client’s creditors should be paid.

• Is the “Perfect Castle” Really So Perfect?

  Synopsis: Discusses that asset protection plans that are consistently too effective in defeating creditors will be defeated by either new legislation or judicial rules.