Asset Protection


What is asset protection

 

Asset protection consists in risk-reducing strategies meant to insulate assets against liability. Care should be taken to focus on non-fraudulent strategies, made without intent to defraud creditors, and avoid questionable techniques.


Types of cases

 

BUSINESS entity selection

SHAREHOLDER’s fiduciary rights

CONTRACT drafting

COPYRIGHT and trademark

IRREVOCABLE trusts – GRATS, GRITS, Dynasty trusts, defective trusts

RETIREMENT and life insurance

COLLECTION and collection defense

BANKRUPTCY

INCOME TAX discharge

STUDENT LOANS discharge

INSURANCE claims

EXIT strategies – mergers and sale of business


Timing of asset protection efforts

 

Asset protection efforts are most effective when undertaken to shield before a risk exposing event whether accident, lawsuit, or for privacy reasons. Equally important are the steps taken after a lawsuit has been initiated by a creditor or potential creditor. Any such efforts must be considered in the context of non-fraudulent transfers or they might cause more harm than intended.