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Court Calls Divorce Asset Distributions A Fraudulent Transfer 23 Aug 2013 | 02:51 pm

Often, clients facing a significant judgments ask me whether they should divorce their spouse for asset protection. They consider a legal divorce in which their non-debtor spouse would receive all of ...

Separate Judgments Against Each Spouse And Entireties Protection 16 Aug 2013 | 02:44 pm

Creditors who have a sizable claim against on spouse residing in Florida sometimes will assert creative theories to impose liability on the other spouse so in order to overcome tenants by entireties p...

Can Judgment Creditor Reach Debtor’s Personal Injury Claim? 8 Aug 2013 | 01:52 pm

A client was a victim in a car accident and has consulted a personal injury attorney about filing a lawsuit against the other driver. The client also has been sued for a deficiency following a foreclo...

Asset Protection Needed To Deal With Oppressive Lender 5 Aug 2013 | 06:35 pm

People often ask me why someone with no current debt problems needs asset protection planning. One of the principal reasons is because most people will sometime have to deal with lenders who are both ...

Properly Transferring Assets To Spouse and Children 2 Aug 2013 | 09:15 pm

When one spouse foresees potential legal problems and possible lawsuits, one of the first asset protection steps considered is transfer of all non-exempt assets held in the name of the vulnerable spou...

Fraudulent Transfer to Nevada Asset Protection Trust 28 Jul 2013 | 10:31 pm

Fraudulent transfer law casts a big net, and courts will undo almost any transfer that is clearly intended to avoid present or even future unknown creditors. In this case, a California appellate court...

Beneficiary’s Excessive Control Over Spendthrift Trust Assets 18 Jul 2013 | 01:05 pm

Many parents create irrevocable trusts for their children with trust agreements with spendthrift provisions that protect the child’s beneficial interest from the child’s potential creditors. A trust a...

Using Irrevocable Trust to Create Multi-Member LLC 12 Jul 2013 | 02:43 pm

Most people who contact me to assist in drafting LLC operating agreements for asset protection know that only multi-member LLCs have asset protection benefits for Florida residents. Many clients want ...

Florida Enacts New Mortgage Foreclosure and Deficiency Law 8 Jul 2013 | 06:21 am

The Florida legislature passed a new mortgage foreclosure statute to speed-up the foreclosure process. The law reduces the ability of homeowners assert frivolous defenses to delay an inevitable forecl...

Wall Street Journal Article on Offshore Accounts 2 Jul 2013 | 02:56 pm

Offshore asset protection, and specifically offshore bank accounts, are often topics of law journals and financial press. On Saturday, June 30, 2013, the Wall Street Journal published an article about...

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