Protecting Business Assets From Creditors in Litigation: Strategic Choice of Entities, Avoiding Fraudulent Transfers

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, July 21, 2015

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Course Materials

This CLE course will prepare litigators to represent the interests of their clients in protecting assets from creditors. The speaker will review best practices for protecting against debt and creditors, identifying the limitations, and highlight which structures may be appropriate for different types of assets.

Description

When a business client faces potential litigation, counsel and litigators should provide planning for asset protection from plaintiffs and creditors. Litigators should review and understand the client’s ownership of assets, business structures and operations. Counsel must understand the different requirements for protecting different types of property—and tailor asset protection approaches for real property vs. a brokerage account, for example.

Counsel must also consider the optimal business entity and jurisdiction for litigation to support asset protection. Counsel should also be cognizant of the use of trusts, including controlling assets in an irrevocable trust, and determining whether to create domestic or foreign trusts—as well as the implications and risks of fraudulent transfers.  

Listen as an asset protection attorney discusses strategies and planning solutions, utilizing the most appropriate vehicles for asset protection, identifying limitations, and common pitfalls to avoid. He will highlight best practices in structuring domestic and foreign asset protection trusts. 

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Outline

  1. Asset protection introduction and overview
    1. What is asset protection?
    2. What is practically possible?
    3. Hiding assets
    4. Four threshold questions
      1. Who is the debtor?
      2. What is the nature of the claim?
      3. Who is the creditor?
      4. What is the nature of the assets?
  2. Fraudulent transfers
    1. Overview of the law
    2. Practical considerations
  3. Using legal entities
    1. Protecting assets within entities
    2. Charging order limitation
    3. Foreclosure
    4. Eroding protection of single member LLCs
    5. Selecting the right jurisdiction
  4. Use of trusts in asset protection planning
    1. Controlling assets in an irrevocable trust
    2. Requirements of a good asset protection trust
    3. Domestic vs. foreign trusts
  5. Comprehensive case study focusing on protecting real estate

Benefits

The panelist will review these and other key issues:

  • What fraudulent transfer issues should counsel take into consideration in asset protection planning?
  • What specific strategies should counsel consider for protecting different types of assets?
  • What considerations should counsel take into account when determining the appropriate trust structure?

Faculty

Jacob Stein
Jacob Stein
Partner
Klueger & Stein

Mr. Stein's practice is limited to asset protection and sophisticated domestic and international tax planning....  |  Read More

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